In the assessment of the likelihood of confusion between mark with Arabic words the definition and pronunciation should be taken into consideration

Print this page 05-07-2015
IPPT20150625, CJEU, Loutfi v AMJ Meatproducts

TRADEMARK LAW

 

In the assessment of the likelihood of confusion between marks with Arabic words, the definition and pronunciation should be considered if the relevant public has knowledge of written Arabic

 

"It follows from the above that those phonetic and conceptual differences should be taken into account because, if they are not, the assessment of the likelihood of confusion could be made only partially and, as a result, without taking into account the overall impression made by the Community trade marks and the sign considered on the relevant public.
Therefore, the answer to the question referred for preliminary ruling is that Article 9(1)(b) of Regulation No 207/2009 must be interpreted as meaning that, in order to assess the likelihood of confusion that may exist between a Community trade mark and a sign which cover the same or similar goods and which both contain a dominant Arabic word in Latin and Arabic script, those words being visually similar, in circumstances where the relevant public for the Community mark and for the sign at issue has a basic knowledge of written Arabic, the meaning and pronunciation of those words must be taken into account."

 

IPPT20150625, CJEU, Loutfi v AMJ Meatproducts

 

C-147/14 - ECLI:EU:C:2015:420