Imagine you have a clothing brand RABE (raven). You also have an associated logo that consists of a raven (see below on the left). At one point you find out that someone has filed a raven logo for clothing (logo right). Can you object to this logo on the basis of your registered wordmark RABE and your logo?
These are actually two questions, namely whether the word RABE is similar to a logo of a raven and the second question: whether the logos resemble each other.
The similarity between trademarks must be seen from a visual, auditory and conceptual point of view. The EUIPO has assessed the trademarks on these three points. In view of the wordmark versus the logo, the EUIPO is clear: there is no visual and aural similarity at all. Conceptually, the trademarks are identical: both are understood as a raven. Often however, a single conceptual resemblance is not enough to create a similarity (without additional circumstances, for example, an enhanced distinctive character of the older trademark). In this case, the many visual differences between the trademarks create sufficient distance and no confusion can occur.
For the logo’s of the raven, the EUIPO comes to the same conclusion: the logo’s are so different that confusion is not given.
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