ECJ Appeal – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 -? Likelihood of confusion – Word mark PICARO – Opposition by the proprietor of the Community word mark PICASSO.
Adopting Sabel’s requirement that there should be a global appreciation of the visual, aural or conceptual similarities of the marks in question, the court emphasised that, in the course of such a global appreciation, conceptual differences observed between the signs might counteract the visual and phonetic similarities between them.
Citations:
C-361/04, [2006] EUECJ C-361/04
Links:
Jurisdiction:
European
Cited by:
Cited – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 04 July 2022; Ref: scu.237649