When visual and phonetically similar EU trademarks are in dispute, the courts may look for subtle conceptual differences, explains João Pereira Cabral of Inventa.
A European Union Trademark (EUTM) application can be refused on several grounds. One of those is laid down in article 8, No. 1, (b) of the EU trademark Regulation (EUTMR), consisting in the existence of a likelihood of confusion on the part of the public in the territory in which the earlier trademark is protected, due to its identity with, or similarity to, the earlier trademark and the identity or similarity of the goods or services covered by the trademarks.
This ground for refusal has four main requirements: i) the existence of an earlier trademark; ii) the similarity of goods and services covered by the trademarks at conflict; iii) the similarity between the signs, and iv) the existence of a likelihood of confusion on the part of the public. Read more