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CFI: no similarity between "MANGO adorably" and ADIORABLE
Dior relied on its older marks ADIORABLE and J'ADORE (French for I admire), also claiming protection for perfumes.
ADIORABLE and the element "adorably" of the younger mark were not identical. The term MANGO dominates the younger mark and exlcudes any similarity.
Because of the lack of similarity, Dior could not invoke art. 8(5) of Council Regulation 40/94 providing marks "with a reputation" with protection against younger marks taking unfair advantage of the distinctive character of the older mark. The court did not need to examine the reputation of ADIORABLE and J'ADORE because the first of the three requirements of art. 8(5), the similarity of the marks, was not met.
French text of the decision here.
Tags: CFI, Market reputation, relative grounds of refusal,
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