Shared Letters Produce Non A Conceptual Similarity Brand ...

Also decided past times the Court of First Instance today was Case T-390/03 CM Capital Markets Holding SA v OHIM, Caja de Ahorros de Murcia. CM applied to register this figurative compass every bit a Community merchandise compass for goods as well as services inwards Classes 1 through to 42. The opponent challenged this, citing its before Castilian rights inwards this compass for services inwards Classes 35, 36, 38 as well as 42. The Opposition Division upheld the opposition inwards honor of sure enough services inwards Classes 35, 36, 38 as well as 42 on the terra firma that at that spot was a likelihood of confusion betwixt the ii marks inwards Spain. The Board of Appeal disagreed as well as threw the opposition out, as well as then the opponent appealed to the CFI.

The CFI, dismissing the appeal, agreed alongside the Board of Appeal that at that spot was no likelihood of confusion, fifty-fifty inwards Spain. The fact that both marks shared the initials "CM" did non brand them conceptually similar for the real practiced argue that the CM inwards each illustration stood for something quite different.

agrees alongside this reasoning. It would endure curious if, for example, inwards the Great Britain the role of the letters "AA" suggested a conceptual similarity if the users were, respectively, the Automobile Association and Alcoholics Anonymous.