In the same class, since it is not evident that the element ‘power’, which is common to both signs, constitutes the dominantĬomponent of the sign sought nor that it determines the overall impression given by the latter to the point that there isĪ clear likelihood of confusion on the part of the relevant public, with the result that, having regard to the visual, phoneticĪnd conceptual differences between the two conflicting signs, and in spite of the identical nature of the goods covered by Of the Nice Agreement, and the word mark POWER, registered previously in Germany for ‘tobacco smokers’ articles, … matches’ Mark has been applied for regarding various goods including ‘tobacco, smokers’ articles and matches’ belonging to Class 34
There is no likelihood of confusion, as regards the German public, between the figurative sign made up of the two terms ‘Turkish’Īnd ‘power’ separated by a roaring lion’s head with an elaborate mane, in respect of which registration as a Community trade Of confusion with the earlier mark – Figurative mark Turkish Power and word mark POWER Judgment of the Court of First Instance (Fourth Chamber), 22 June 2005Ĭommunity trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Oppositionīy the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood (Community trade mark – Application for a Community figurative mark containing the verbal element ‘Turkish Power’ – Earlier word mark POWER – Opposition proceedings – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94) Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Plus Warenhandelsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).Ĭommunity trade mark - Application for a Community figurative mark containing the verbal element "Turkish Power" - Earlier word mark POWER - Opposition proceedings - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. Judgment of the Court of First Instance (Fourth Chamber) of 22 June 2005. # Community trade mark - Application for a Community figurative mark containing the verbal element "Turkish Power" - Earlier word mark POWER - Opposition proceedings - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Plus Warenhandelsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).