In Case T-280/11, the General Court rejected the appeal presented by Rita Ewald against the decision of the OHIM which found likelihood of confusion between the following rights:

KEEN                  

Contested CTM   Earlier CTM

The relevant public is composed both of the average consumer for goods and services in Classes 3 and 35 and of the retail professionals regarding some services in Class 35.

The goods and services were found either identical or similar by the OHIM, such as “soaps, shampoo, hair dyes, which was not contested by the parties ”.

The signs are very similar from a phonetic point of view, in particular for the Danish consumer which counterbalances the visual differences. Even though for the Dutch and English-speaking consumer, conceptual differences exist, a likelihood of confusion cannot be excluded for the rest of the EU consumer.