IP Telegram: Recent Judgment of the EU General Court on the similarity of two graphic trade marks
Judgment of the General Court of the European Union of 25 October 2023 in Case T-773/22 on the similarity of two graphic trade marks which represent a dachshund
In October 2023, the General Court of the European Union delivered a landmark judgment reshaping the landscape of graphic trademark disputes when it ruled on the similarity of two graphic trade marks.
The riveting case involved two graphic trade marks which represent a dachshund.
Contorno Textil, SL, a Spanish company, faced off against Harmont & Blaine SpA, an Italian powerhouse, over the similarity of their graphic trademarks featuring the beloved dachshund.
On 8 November 2019, Contorno Textil, SL filed an EU trade mark application with EUIPO (in Class 25 – clothing/ footwear) for the following graphic sign:
Harmont & Blaine SpA, an Italian company, filed an opposition based on the earlier registration:
The Opposition Division upheld the opposition and the Board of Appeal subsequently dismissed the appeal – confirming the risk of confusion. Contorno Textil, SL brought an action before the EU General Court.
The EU General Court dismissed the action, confirming the existence of a risk of confusion.
The EU General Court pointed out, inter alia, that:
- the graphic elements of the conflicting marks overlap in that they represent a particularly recognisable breed of dog – the dachshund
- the colours and styling of the drawing that is used are not atypical and do not allow for a clear distinction between the dachshunds
The EU General Court underlined that the graphic element of the mark applied for is not decorative.
The Court also found low visual similarity and high conceptual similarity – while concluding that there was a likelihood of confusion.
The court noted the influence of the word element in enhancing the conceptual similarity when stating that the high conceptual similarity was also influenced by the fact that the word element 'Teckle’ (French for dachshund) was used.
💡 Takeaway: This judgment underscores the nuanced considerations in graphic trademark disputes, especially when dealing with iconic and recognizable elements like dog breeds. 🐶
The full text of CJEU’s judgment is available here:
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