ECJ Community trade mark – Opposition – Relative grounds for refusal – Similarity between two trade marks – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Application for a figurative Community trade mark containing the word ‘Matratzen’ – Earlier word trade mark MATRATZEN.
Case T-6/01.
‘In this context, the Court of Justice has held that the assessment of the similarity between the two marks must be based on the overall impression created by them, in light, in particular, of their distinctive and dominant components . . Consequently, it must be held that a complex trade mark cannot be regarded as being similar to another trade mark which is identical or similar to one of the components of the complex mark, unless that component forms the dominant element within the overall impression created by the complex mark. That is the case where that component is likely to dominate, by itself, the image of that mark which the relevant public keeps in mind, with the result that all other components of the mark are negligible with the overall impression created by it . . Wiith regard to the assessment of the dominant character of one or more components of a complex trade mark, account must be taken, in particular, of the intrinsic qualities of each of those components by comparing them with those of the other components. In addition and accessorily, account may be taken of the relative position of the various marks within the arrangement of the complex mark.’
Citations:
T-6/01, [2002] EUECJ T-6/01
Links:
Cited by:
See Also – Matratzen Concord v OHMI (Order) ECJ 28-Apr-2004
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Lists of cited by and citing cases may be incomplete.
European, Intellectual Property
Updated: 06 June 2022; Ref: scu.177924