Aldi GmbH & Co. KG v. Pharmaelle S.R.L.

Aldi GmbH & Co. KG

Case details

Case no.: R2116/2018-2

Jurisdiction: European Union

Industry: Retail

Decision date: 07 Jan, 2019

Decision

Taking into account the relevant factors and their mutual interdependence, especially the fact that the goods are identical and the signs are similar overall the Board considers that a significant part of the relevant public– notwithstanding its high level of attentiveness - will be misled into thinking that the goods bearing the contested mark and the earlier mark (the latter having a normal degree of distinctive character) come from the same undertaking or, as the case may be, from undertakings that are economically linked.

Comparison of Trademarks

ALDI