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.
Who we all are...
MONDAY, 3 NOVEMBER 2014
El Corte InglÚs in General Court: Fall season (part1)
T-267/13, the following opposition was rejected by OHIM, as confirmed by the General
Gaffashion – Comércio de Acessórios de Moda, Lda
El Corte Inglés, SA –Earlier CTM
18, 25, 35
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
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.
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
General court, bass, tres, Bauss,
Sharing on Social Media? Use the link below...
Reader Comments: 0
Post a Comment
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
The Class 46 Archive