Complementarity is an autonomous criterion capable of being the basis for existence of a similarity

TRADE MARK LAW

The General Court did not err in law by upholding the assessment of the Board of Appeal according to which the goods at issue were similar because of their complementarity: complementarity is an autonomous criterion capable of being the sole basis for the existence of such a similarity.

"23. Second, although the complementary nature of the goods at issue represents only one factor amongst several others — such as the nature, the method of use or the distribution channels of those goods — in the light of which the similarity of the goods can be assessed, the fact remains that it is an autonomous criterion capable of being the sole basis for the existence of such a similarity."

IPPT20160121, CJEU, Hesse v OHIM

C-50/15 P - ECLI:EU:C:2016:34