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Likelihood of confusion: CASTELLUM and CASTELLUCA vs. CASTELLANI
In Case T 149/06 the Court of First Instance decided that there does not exist any likelihood of confusion between the trademarks CASTELLANI (with device) and CASTELLUCA, both protected for goods in International class 33, for alcoholic drinks and wine respectively.
On 20 November 2007, the Court of First Instance decided in its ruling on case T 149/06, (CASTELLUCA and CASTELLUM vs. CASTELLANI) that there does not exist any likelihood of confusion between the conflicting trademarks, even if they are both protected for almost identical goods.
The prior German trademarks CASTELLUCA and CASTELLUM have both been protected for wine, while the younger community trademark application has been filed for alcoholic beverages in class 33, containing a graphic representation:
The Court confirms that the younger community trademark will be perceived as an illustration of a castle (para.53).
According to the Court, it should be noted, first, that the use of a word meaning ‘castle’ is common in the wine sector and that the German consumer is accustomed to seeing a large number of trade marks for wine whose names begin with ‘Schloss’, ‘castello’, ‘château’, ‘castel’ or ‘castle’ when purchasing wine (para.58).
Furthermore, the Court states that the average German consumer is accustomed to identifying an Italian name and will therefore associate the younger trademark CASTELLANI with a family, rather than with the German word ‘Kastellan’, meaning "castle".