Eurimark is helping us for fast trademark registration; we benefit from a 24/7 service to answer our clients' most urgent requests. We appreciate the number of countries covered by the system that allows us to centralize for a single project all the registrations with only one contact.
Eurimark est le système le plus intelligent pour effectuer une recherche globale concernant la protection d'un nom de marque en Europe.
Dissimlarity of figurative signs
"Dissimlarity of figurative signs- el charcutero vs. el charcutero artesano
In its ruling of 13 December 2007 (T-242/06), the Court of First Instance confirmed the OHIM’s opposition and appeal decisions, denying a likelihood of confusion between the conflicting device trademarks “el charcutero” and “el charcutero artesano“.
The older Spanish trademark “el charcutero” (meaning “butcher” in English), represented as follows:
has been protected for goods of International class 29 identical and similar to the goods covered by the community trademark application ”el charcutero artesano”, represented as follows:
.
The Court of First Instance stated that the goods covered by both trademarks were almost identical, being related to the goods offered by a butcher, thus the verbal element of the conflicting trademarks might also be considered as being descriptive for the related goods (para 52).
In the present case, the fact that both trademark contain the word element “el charcutero” does not mean that this element is the dominant element of the conflicting trademarks, as they do both contain further figurative elements that have to be taken into consideration, in particular as the younger trademark is represented in colours, whereas the earlier trademark is depicted in black and white (para 60, 75).
Furthermore, it has to be noted that the trademarks differ phonetically and conceptually, considering that the younger trademark contains the further word element “artesano” (“artistic” in English).
As a result, the Court of First Instance confirms the OHIM’s appeal division did not fail when ruling that there does not exist any likelihood of confusion between the trademarks:
and