No day at the zoo: Zoosport vs Zoot Sports

The EU General Court has upheld the decision of an OHIM Board of Appeal that there was a likelihood of confusion between the figurative mark ZOOSPORT and the earlier figurative mark ‘Zoot (or Zooz) sports’.

Despite the applicant’s submissions, the General Court agreed with the Board of Appeal that the level of attention of the relevant consumer (here, the general public) would be average and would not increase in accordance with price of the goods and services.

When comparing the signs, the court stated that, visually, the first three letters at the beginning of the earlier figurative mark are the same as the ‘zoo’ element, which is at the beginning of the mark applied for. Despite the fact that the symmetrical logo element that characterised the earlier figurative mark was not found in the applicant’s mark, this was not sufficient to depart from the Board of Appeal’s decision that the signs at issue have an average degree of visual similarity…

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