Sometimes it is worthwhile to appeal a decision.A recent example is the opposition that Beats had filed against a D logo for identical products. In the first instance, Beats lost the opposition case: EUIPO did not find that the trademarks resemble.
But the Board of Appeal takes a different view on the matter. The Board finds that the essential characteristics of the Beats logo have been reproduced in the contested logo.A consumer might think that they are mirrored logos.And despite the fact that the one is a B and the other a D, the similarity prevails.
So, as the products are identical, the Board of Appeal comes to the conclusion that there is indeed a risk of confusion.The application is rejected after all, but still, the decision can still further be appealed.
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“Trademark protection gives freedom to do business.”