French company Les Bordes Golf International SAS A trademark application was filed, It contains the iconic symbol of a stag with its head facing forward and is underlined "Les Bordes" Literal element.
But unfortunately, There already exists a brand of deer headfirst that most people are very familiar with, The brand is owned by a German company Jägermeister have. Therefore, Jägermeister An objection was raised, Think the signs are similar enough, There is a risk of visual confusion among consumers.
European Union Intellectual Property Office (EUIPO) The appeals panel of the United States agreed Jägermeister The argument of. It decided that although the signs were not the same (Jägermeister The logo also includes a circle and a cross, "Les Bordes" The submitted flag contains the literal elements described above) , But the deer head forward is the basic graphic element, So the appeals Board focused its attention on that.
Other elements are considered secondary, Because these details do not play a decisive role in consumers' memory when comparing trademarks. Obviously, though, the central element that governs the two tokens is not exactly the same, But consider them visually and conceptually similar enough to cause confusion.
The latest decision is a reminder, The degree of similarity between trademarks is not absolute: In fact, The above two trademarks, They don't confuse each other in comparison. What matters is whether the consumer concerned can distinguish and the level of attention he or she pays to the details of the trademark.
(Compiled from www. iprhelpdesk. eu)
Reprinted from China Intellectual Property Network translation: Wu Xian proofread: Liu Peng
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