Judgment on the likelihood of confusion between the figurative parallel stripes remains intact
17-02-2016 Print this page
The General Court carried out a global assessment. To assess the degree of similarity between marks, it is necessary to determine the degree of visual, aural or conceptual similarity to between them.
"41. It should be borne in mind that, in order to assess the degree of similarity between the marks concerned, it is necessary to determine the degree of visual, aural or conceptual similarity between them and, where appropriate, to assess the importance to be attached to those various factors, account being taken of the category of goods or services in question and the circumstances in which they are marketed.
42. Accordingly, the appellant’s argument to the effect that the General Court introduced the criterion of ‘importance’ must be rejected as unfounded."
Once proof of the reputation of a mark has been made out, it is irrelevant to the prove the inherent distinctive character
"74. Therefore, once proof of the reputation of a mark has been made out, it is irrelevant to prove the inherent distinctive character of that mark in order to obtain a finding that it has distinctive character."
IPPT20160217, CJEU, Shoe Branding Europe v OHIM
C-396/15 P - ECLI:EU:C:2016:95
