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Similar – or not?

January 2018. Each year, the European Trademark Office EUIPO receives hundreds of oppositions filed by trademark owners who believe that a new trademark is too similar to their own older trademark. EUIPO has to consider each of these cases and decide: are the trademarks too similar – or not?

Opposition decisions

Below are examples of trademarks that were recently involved in disputes. Each rival pair was applied to the same types of goods or products. Are they similar enough to pose a risk of confusion? Why not test yourself and see if you agree with EUIPO’s conclusions.

Verdict: insufficient similarity between the two figures. The trademark on the right was therefore given the go-ahead for registration (EUIPO 05-12-17), although we think the decision could just as easily have gone the other way.

Verdict: again, no risk of confusion. The trademark on the right got the green light (EUIPO 30-11-17). The two figures may look the same, but the addition of the word Abante makes the difference. If the red logo had been registered on its own, things might have been different.

Verdict: no infringement; the trademark on the right can be registered (EUIPO 30-11-17). We totally agree; the two trademarks look nothing like each other. In fact, whoever advised the owner of the trademark on the left to file an opposition should be lambasted for wasting his client’s money!