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CLASS 46


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.

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FRIDAY, 25 APRIL 2008
How logos shapes and colours are remembered

The Corporate-Design.de website has published studies on the shape and colour of logos.



While my German abilities are limited, I understand that the shape study tries to evaluate how consummers will remeber trade marks, not unlike the experience from the Austrian website Monochrom.


This is indeed very interesting, as it provides an explicit illustration of the "imperfect picture" a consummer keeps in mind, as mentioned in paragraph 26 of the Lloyd decision of 22 June 1999 (C-342/97), where the ECJ said that for the purpose of global appreciation of likelihood of confusion:

"(...) account should be taken of the fact that the average consumer only rarely has the chance to make a direct comparison between the different marks but must place his trust in the imperfect picture of them that he has kept in his mind."

Posted by: Frédéric Glaize @ 11.22
Tags: logos,
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