Defendant: ATHENA SOLUTIONS S.R.L.
Case no.: R1199/2014-5
Jurisdiction: European Union
Industry: Fashion
Decision date: 28 Apr, 2015
The marks have been found to be visually similar to a low degree but phonetically and conceptually similar to a high degree. The contested services in Class 43 were found to be similar to those of the earlier Community trade mark. Taking into account the interdependence principle and the average inherent distinctiveness of the earlier Community trade mark, the Board considers that the relevant public will be misled into thinking that the services bearing the conflicting signs might come from the same undertaking or, as the case may be, from undertakings that are economically linked. Therefore, the opposition is well founded.
HERMES
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