欧州

EUIPO

Interdependence Principle – 2

The outcome depends on the particularities of each case, but as a rule of thumb it can be said that when there is an ave...
EUIPO

Interdependence Principle – 1

The Court has set out the essential principle that evaluating likelihood of confusion implies some interdependence betwe...
EUIPO

Likelihood of confusion for the Englsih-speaking public for whom the signs represent misspellings of a known word

The contested sign consists of the sole verbal element ‘HyghLyght’ which will be perceived as an uncommon misspelling of...
EUIPO

No reason to assume that the relevant public would perceive the marks as having the same commercial origin even for identical goods – 4

Applying the interdependence principle, given the relevant public’s average level of attention, even assuming an enhance...
EUIPO

No reason to assume that the relevant public would perceive the marks as having the same commercial origin even for identical goods – 3

Aurally, the contested sign will be pronounced as two terms /ENERGY ALPHA/ whereas the earlier mark as a short term /ALP...
EUIPO

No reason to assume that the relevant public would perceive the marks as having the same commercial origin even for identical goods – 2

The fact that the second, shorter element of the contested sign ‘ALPHA’ coincides in some letters with the earlier mark’...
EUIPO

No reason to assume that the relevant public would perceive the marks as having the same commercial origin even for identical goods – 1

Visually, the signs clearly differ in their structure and length. The earlier mark consists of a single word, ‘ALPA’, wh...
EUIPO

10 – IN – 1 is uncapable of fulfilling the essential function of a trade mark – 3

There is nothing in the contested sign that would constitute a play on words or introduce a conceptual intrigue. Whereby...
EUIPO

10 – IN – 1 is uncapable of fulfilling the essential function of a trade mark – 2

It is well-known that consumers purchase the contested goods with the aim of obtaining as many benefits as possible whil...
EUIPO

10 – IN – 1 is uncapable of fulfilling the essential function of a trade mark – 1

The contested sign is a combination of numeric and verbal elements ‘10 - IN - 1’, read as ‘ten in one’ in English. It cl...