EUIPO

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...
EUIPO

Bearing the conflicting similar signs come from the undertakings that are economically linked

Visually the signs coincide in the verbal element ‘WENDY’S’, which is clearly legible in both signs. As to the stylisati...
EUIPO

Earlier mark’s figurative elements will not have, in any event, the same impact of the verbal element in its overall impression

Aurally, the signs are identical for the relevant Frech-speaking public under focus.In French, the pronunciation of the ...
EUIPO

George Orwell – trademark law cannot be used to recreate a perpetual monopoly once copyright protection has ended – 6

The objective of Article 7(1)(e) EUTMR is to prevent the exclusive and permanent rights that a trade mark confers from s...