EUIPO

EUIPO

The differing letter at the beginning will be clearly noticed – 2

It is recalled that the business strategy of the parties concerned is irrelevant. As particular marketing strategies for...
EUIPO

The differing letter at the beginning will be clearly noticed – 1

As regards the figurative aspects of the contested sign, it is true that it is settled case-law that, where a trade mark...
EUIPO

At most very weakly distinctive character of the common element ‘SKIN’/’skin’ – 3

In view of the at most very weakly distinctive character of the common element ‘SKIN’/’skin’ and the below-average inher...
EUIPO

At most very weakly distinctive character of the common element ‘SKIN’/’skin’ – 2

The common element ‘SKIN’/‘skin’, although present at the beginning of the compared signs, is, due to its descriptive ch...
EUIPO

At most very weakly distinctive character of the common element ‘SKIN’/’skin’ – 1

In the present case, it is likely that the relevant Polish consumers, will single out the English word ‘skin’ and will p...
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...