Atlas sp. z o.o v Office for Harmonisation in the Internal Market (Trade marks and Designs) and another T-558/11, [2012] All ER (D) 296 (Nov)
According to settled case-law, the risk that the public might believe that the goods or services in question came from the same undertaking or from economically-linked undertakings constituted a likelihood of confusion. Under that case-law, the likelihood of confusion should be assessed globally, taking into account all factors relevant to the circumstances of the case, in particular the interdependence between the similarity of the signs and that of the goods or services designated. In assessing the similarity of the goods or services at issue, all the relevant factors relating to those goods and services should be taken into account. Those factors include, inter alia, their nature, their intended purpose and their method of use and whether they are in competition with each other or are complementary. Other factors might also be taken into account such as the distribution channels of the goods concerned.
