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Wild West General Court: Fairwild v Wild
In Case T- 247/11, FairWild Foundation (Switzerland) had registered the word mark FAIRWILD for numerous goods in Classes 3,5, 29 and 30.
The opponent Rudolf Wild GmbH & Co. KG filed an opposition on the grounds of Article 8 (1) (b) CTMR on the basis of earlier word CTM “WILD” registered for classes 3, 5, 29, 30 and 32.
The Opposition Division had partially upheld the opposition and the Board of Appeal upheld the opposition on its entirety for all the contested goods.
The General Court rejected the Applicant’s appeal, confirming there is a likelihood of confusion between the word signs for similar or identical goods, given the average degree of similarity. Indeed, the marks share a common element so they are overall similar from a visual and aural point of view. There is no conceptual comparison possible since WILD will be perceived as a fantasy word, except for the English and German-speaking consumer.
Tags: general court, likelihood of confusion, fairwild, wild,
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