People who love Belgian beers will certainly know Duvel. Probaby a Chinese company didn’t as it applied for the trademark DUIVEL HART (heart of the devil in Dutch). The EUIPO finds that there is an average similarity between the trademarks. But, as we know, the EUIPO assesses the question whether or not risk of confusion is at hand globally also looking at the relevant public as well as the sales channels. And that’s interesting in this respect as “where goods are ordered orally, as in the case at issue, the phonetic perception of the sign may also be influenced by factors such as the likely presence of various other sounds perceived by the recipient of the order at the same time. Such considerations are relevant where the goods in question are normally ordered at sales points with an increased noise factor, such as bars or nightclubs.” So, some aural differences can be neglected as in a night club you (the barkeeper) just hear “one Duvel” versus “one Duivel”. This factor as the visual and conceptual similarity between the marks results in a likelihood of confusion.
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