Culture vulture sculpture: trademarks and phonetically similar words

By Justine Wilkie

The EU General Court has annulled a decision of an OHIM Board of Appeal that there was no likelihood of confusion between the figurative CTM ‘Cultra’ covering various surgical and cosmetic goods and the earlier trademark registered in various countries for identical and similar goods.

The Board of Appeal found that the signs were phonetically similar to a low degree. The General Court disagreed, stating that the pronunciation of the beginnings of the words ‘cultra’ and ‘sculptra’ was similar for the relevant Hungarian and Czech public…

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