The Opposition division of EUIPO decided that international trademark registration No 1 494 887 shall be entirely refused protection in respect of the European Union. The relevant opposition was filed by IPConsulting Ltd. on behalf of Revuele Ltd., Sofia, Bulgaria.
The opponent filed an opposition against all the goods of international trademark registration designating the European Union No 1 494 887 ‘Skin Compliments’ (word mark). The opposition is based on, inter alia, European Union trade mark registration No 10 411 601 ‘COMPLIMENT’ (word mark). The opponent invoked Article 8(1)(b) EUTMR.
Likelihood of Confusion
A likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the trade marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings.
The relevant factors relating to the comparison of the goods or services include, inter alia, the nature and purpose of the goods or services, the distribution channels, the sales outlets, the producers, the method of use and whether they are in competition with each other or complementary to each other. Continue Reading