5-2-1 Likelihood of Confusion

… means a of confusion on the part of the relevant cosumer.

The Court held that likelihood of confusion covers situations where the consumer directly confuses themselves or where the consumer makes a between the conflicting signs and assumes that the goods or services covered are from the same or economically-linked .

If the of a later trade mark merely brings to mind an earlier trade mark, but the consumer does not assume the same commercial , this does not likelihood of confusion.

of association is not an alternative to likelihood of confusion, but it merely serves to define its scope. A of likelihood of confusion requires that there be as to origin.

A finding of double (Article 8(1)(a) CTMR) – of the goods and/or services and of the signs – means there is no further need for an of likelihood of confusion.

Upon examining the likelihood of confusion ( Article 8(1)(b) CTMR ) the following sections in principle appear in the Decision:

1. of goods and services

2. of signs

3.Distinctive and dominant elements of the trade marks

4.Distinctiveness of the ark

5.Relevant public – level of

6.Global Assessment and/or Conclusion

and/or of goods / services is a precondition for finding likelihood of confusion.
If there is no degree of similarity the goods / services, the will be terminated at this point in so far as likelihood of confusion is concerned.

Otherwise, if there is at least some degree of similarity, the examination of other factors continues.

Whether or not there is a likelihood of confusion depends on a global assessment of several interdependent including:

– the similarity of the goods and services,

– the similarity of the ,

– the distinctive and dominant elements of the signs,

– the distinctiveness of the earlier mark,

– and the relevant .