Brands Update: a Premiere brand is polished off by the General Court - .PDF file.
Premiere Polish filed a Community trademark application for the word ECOFORCE for cleaning products. The application was opposed by Donau Kanol on the basis of its existing Community trademark registration for the words ECO FORTE (written in yellow on a green background).
The Board of Appeal found a likelihood of confusion between the marks as a result of the identity of the goods covered and taking into account each mark’s low degree of visual similarity and high degree of phonetic and conceptual similarity. The visual differences were insufficient to allow consumers with an average degree of attentiveness to distinguish between the marks without a likelihood of confusion…
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