Plaintiff: Orange Brand Services Limited
Defendant: BCNP Consultants GmbH
Case no.: R0383/2021-5
Jurisdiction: European Union
Industry: Technology
Decision date: 12 Aug, 2021
The goods and services are identical for the most part, and highly similar or similar to an average degree in the remainder. The signs have the distinctive element ‘Orange’ in common, which constitutes the first of the two words of the contested sign and the sole verbal element of earlier mark. The signs are visually, phonetically and conceptually, at least, similar to an average degree and even conceptually identical for that part of the French- and Spanish-speaking public for whom ‘Tie’ has no meaning. Even if a conceptual difference were introduced by the word ‘Tie’ for part of the relevant public, of which the English-speaking public, the verbal element ‘Orange’ in the contested sign as a whole would still convey the notion of the same colour. Furthermore, the earlier mark enjoys an average degree of inherent distinctiveness.There is a likelihood of confusion.
ORANGE
ORANGE TIE
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