header-logo header-logo

18 September 2008
Issue: 7337 / Categories: Case law , Law digest
printer mail-detail

Trade marks

Honda Motor Europe Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) [2008] All ER (D) 35 (Sep)

Under Art 8 of reg 40/94 (opposition to the registration of a trademark by the proprietor of an earlier trade mark), the risk that the public might believe that the goods or services in question come from the same undertaking or from economically-linked undertakings, constitutes a likelihood of confusion. Account should be taken of the similarity between the trade marks and between the goods or services.

The global assessment of the likelihood of confusion should be based on the overall impression given by the marks, bearing in mind their distinctive and dominant components.

A complex trade mark could be regarded as being similar to another trade mark which is identical or similar to one of the components of the complex mark, unless that component forms the dominant element within the overall impression created by the complex mark (as where that component was, by itself, likely to dominate the image of that mark which the relevant public kept in mind, with the result that all the other components of the mark were negligible within the overall impression created by it).

The more distinctive the earlier mark, the greater is the likelihood of confusion and therefore marks with a highly distinctive character, either per se or because of the recognition they possess on the market, enjoy broader protection than marks with a less distinctive character.
 

Issue: 7337 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

Freeths—John Jones

Freeths—John Jones

Freeths strengthens senior leadership team with Chief Technology Officer appointment

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll