Trade marks

The proceedings concerned the registration of a trade mark, which was opposed on the basis of Art 8(1)(a) and (b) of Council Regulation (EC) 207/2009 (on the Community trade mark). The Court ruled that under Art 8(1)(b) of the Regulation, the mark applied for should not be registered if there existed a likelihood of confusion “on the part of the public in the territory in which the earlier trade mark was protected”. Further, the assessment of the likelihood of confusion should be taken in relation to the average consumer and the types of goods in question.