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MONDAY, 3 NOVEMBER 2014
El Corte InglÚs in General Court: Fall season (part1)

In Case T-267/13, the following opposition was rejected by OHIM, as confirmed by the General Court

Gaffashion  Comércio de Acessórios de Moda, Lda

El Corte Inglés, SA –Earlier CTM

 

 

BAUSS

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Classes 18, 25, 35

Classes 18, 25, 35

 Although the marks are visually similar because they share part of their letters, namely the letters "b", "a", "s" and "s", they are distinguished by the number of words and elements, especially the figurative nature of the earlier mark.

 From a phonetic point of view, taking into account their pronunciation in each relevant language of the EU, the signs are similar in pronunciation of the same first two letters of their initial syllables respectively as well as the final letter "s", but differ in the sound when the pronunciation of other syllables , due to their different numbers , and the unique pace and intonation of the signs.

 From a conceptual point of view , there is no similarity between the signs at issue, because the mark applied for had no particular meaning in the relevant languages ​​, whereas the earlier mark was composed of verbal elements " bass " and " tres " , respectively denoting a type of male voice choir and a musical string instrument in German and English and the number three in Spanish, combined with the number "3" . The earlier mark is not particularly distinctive for the goods and services in question .

As part of the overall assessment of likelihood of confusion, after pointing out that , with regard to the clothing  that the visual perception of the marks would normally take place before the act of purchase and would therefore of paramount importance the BoA concluded that the similarity of goods and services in question was balanced by the dissimilarity of the signs , so that , given the principle of interdependence risk factors of confusion, there is no risk of confusion or even likelihood of association in the public mind on the territory of the Union, within the meaning of Article 8 (1) b) CTMR.

 

Posted by: Laetitia Lagarde @ 16.07
Tags: General court, bass, tres, Bauss,
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