Log in


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
General Court: figurative marks B as in boomerang?

In Judgment T-593/10, the General Court had to examine if there was a likelihood of confusion between the two following marks for identical goods in Class 25:


Contested CTM                                  Earlier CTM

The GC rejected the appeal and agreed with the OHIM that the signs were visually different so as to exclude any risk of confusion for the average EU consumer. In the earlier mark, there is clearly the letter B and the drawing of a boomerang (since the curved part of is wider than the two straight branches) represented below whereas in applied for mark, the figurative element above could be conceived as a ‘B’ or as the number ‘8’ and it not very probable that the drawing under be perceived as a boomerang. The colours vary greatly as well as the orientation of the ‘boomerang’- like figurative element.

For the consumer who reads the letter B in the contested CTM, the marks will bear some aural and conceptual similarity but for those who read a 8, the marks will be different.

The court rejected the argument brought by the Opponent El Corte Ingles that because the CTM application was denominated as ‘B’ before OHIM, the consumer would perceive it as such. The GC, invoking the well-know case law that for Class 25 goods such as ‘clothing’ the visual aspect bears more importance concluded that the consumer will not confuse the marks in conflict.

Posted by: Laetitia Lagarde @ 12.04
Tags: General court, likelihood of confusion, B, Boomerang,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2713
Reader Comments: 0
Post a Comment

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

The Class 46 Archive








+44 (0)116 2747355

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox