The similarity between marks is an important prerequisite for the risk of confusion. When you assess the trademarks the composition of the marks is very important. Is the similar element placed in the beginning of the trademarks (consumers tend to pay more attention to the beginning of trademarks)? Or is the similarity at the end? Does the similarity concern the dominant elements of a mark?
When trademarks are composed by two words, the existence of a similar word in both trademarks does not automatically result in similarity. The trademarks GIRL PINK and PINK SENSE are found dissimilar, for example.
In a recent opposition EUIPO had to decide whether Black diamond against Russian diamond were similar. The first trademark is owned by Sunflor and is used for plums. The second mark is filed for identical products. Are these marks similar? Yes, according to the EUIPO. Although the beginning of marks gets more attention, the dominant part in both marks concerns “diamond”. This word gets the most attention, and as this word is identical in both marks, the similarity of the marks present. And so the opposition is ruled in favour of Sunflor.
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