CLASS 46
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MONDAY, 30 JUNE 2008
Erdgas, Ergas similar, despite conceptual differences
Tags: Estonia, likelihood of confusion,
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Erdgas, Ergas similar, despite conceptual differences
Writing in World Trademark Report, Kärt Laigu (Käosaar & Co, Tallinn) explains the decision of the Estonian Board of Appeal in Case 943-o, 28 May 2008) to uphold an opposition by E.ON Ruhrgas Aktiengesellschaft -- owners of the figurative trade mark ERDGAS in respect of gas -- against an application to register the word ERGAS. The application, by local company AS Reola Gaas, was made in respect of fuel and gas.
Although the two words are very similar, their meanings are different: ERDGAS is the German word term for "earth gas", while ERGAS is the Estonian adjective meaning 'alert' or 'lively'. The Patent Office initially allowed the application and E.ON appealed. The Board of Appeal considered that the marks were confusingly similar, notwithstanding their different meanings since those differences were outweighed by the visual and aural similarities.
Posted by: Blog Administrator @ 05.18Although the two words are very similar, their meanings are different: ERDGAS is the German word term for "earth gas", while ERGAS is the Estonian adjective meaning 'alert' or 'lively'. The Patent Office initially allowed the application and E.ON appealed. The Board of Appeal considered that the marks were confusingly similar, notwithstanding their different meanings since those differences were outweighed by the visual and aural similarities.
Tags: Estonia, likelihood of confusion,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA422
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