Judgment — ECLI:EU:T:2005:348
Date: 2005-10-05
Language of the case: Spanish
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks applied for
Procedure: Action for annulment - successful
Origin: Spain

Summary of the Judgment Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative mark containing the verbal element ‘B.K.R.’ and word mark BK RODS (Council Regulation No 40/94, Art. 8(1)(b)) There is, for average Austrian consumers, no likelihood of confusion within the meaning of Article 8(1)(b) of Council Regulation No 40/94 on the Community trade mark, between the figurative sign containing the verbal element ‘B.K.R.’, for which registration as a Community trade mark is applied in respect of ‘Ready-made clothing for women, men and children; belts, footwear (except orthopaedic) and headgear’ in Class 25 of the Nice Agreement, and the word mark BK RODS, previously registered in Austria for certain goods in the same class, since, when making an overall assessment of the marks at issue, visual, aural and conceptual differences between the conflicting signs are sufficient, in spite of the identical nature of the goods designated, to preclude the resemblances between the conflicting signs from giving rise to a likelihood of confusion in the mind of the average consumer. (see paras 76-77)