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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll