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General Court: Goldstuck (fig) v. Goldsteig
In Case T-47/13, the General Court reviewed the following opposition:
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Applied for CTM -Christin Vieweg |
Earlier CTM Goldsteig Käsereien Bayerwald GmbH |
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GOLDSTEIG |
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Class 29:Jam, Compotes, Milk products, Butter cream, Frosted fruits, Fruit jellies, Fruit salads, Fruit snacks, Yoghurts, Kefir, Nuts, prepared; Marmalade,Pectin and Protein for human consumption; Tofu. 30 Coffee, Tea, Cocoa, Pastries and cookies; Edible ices; Biscuits, Brioches, Pastries, Jellied fruits, Cookies, Biscuits, Chocolates, Cakes, Tarts, Marzipan, Pies, Petit-fours, Waffles, Sugar confectionery, Confectionery for decorating Christmas trees;etc
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Class 29 :Meat, fish, poultry and game; meat extracts; frozen, preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; in particular butter, cheese, cream, yoghurt, milk powder for food; mixed milk beverages (milk predominating), desserts of yoghurt, quark and cream; prepared and semi-prepared meals, mainly consisting of the aforesaid goods; edible oils and fats; food preserves, included in class 29. Class 43 Accommodation and catering for guests |
The Opposition Division upheld the opposition in its entirety. The First Board of Appeal cancelled the decision and rejected the opposition.
The average EU consumer is the relevant public. The goods are similar in part and identical in part.
However, the trademarks are different from a visual point of view given the figurative elements in the contested CTM which are dominant. They are similar in part from an aural point of view. For the German consumer, the signs are different conceptually: Goldsteig refers to a mountainous trail across the forests in Baveria whereas Goldstuck means “gold coin” and as a metaphor is used to refer to a valuable person or object.
Therefore there is no likelihood of confusion according to Article 8 (1) b) CTMR.
Posted by: Laetitia Lagarde @ 19.43Tags: General Court, likelihood of confusion, Goldstuck, goldsteig,
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