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Likelihood of confusion between JET and JET'PRESS (fig.), between ice-cream and chocolate goods
According to the BOIP's opposition division of 1 November 2007 (case no. 2000483) there exists a likelihood of confusion between the trademarks
JET and JET'PRESS (with device), represented as follows:
both protected for goods in class 30, i.e. "cacao, goods derived from cacao, chocolate and chocolate bars" and "ice-cream", respectively.
The BOIP's opposition division concluded that there exist a high degree of similarity between the conflicting trademarks "JET" and "JET'PRESS" (with device) on visual and phonetically level, as the word element "JET" constitutes the dominant element of the younger trademark. As both trademarks consist of the word element "JET", there does also exist a certain degree of similarity between the trademarks on conceptual level.
Regarding the comparison of the conflicting goods, i.e. ice-cream (younger trademark) and cacao and goods derived from cacao, chocolate and chocolate bars, modificators for milk, chocolate drinks (earlier trademark), the BOIP found that there exist a high degree of similarity between ice-cream and cacao and goods derived from cacao, chocolate and chocolate bars, as the use and destination of these goods were similar (para. 49). Furthermore, the referred goods are complementary to each other, as both are sweets and both are offered for dessert. According to the BOIP's decision, the public might be mislead by thinking at a "Dame Blanche" (an ice-cream covered with chocolate) when seeing the conflicting trademarks protected for ice-cream and chocolate products.
As a result, the BOIP refused the younger trademark JET'PRESS (with device), due to the existing likelihood of confusion with regard to the earlier trademark.