유럽에서의 두 “독수리 상표”의 유사여부

Similarity of Eagle Marks in Europe

Eagle trade marks for similar goods and from similar companies in the fashion industry: Despite the very high visual similarity of the marks, the European Court annulled the previous decision on the likelihood of confusion between two eagle union marks-the word element had not been assessed as a whole by the Board of Appeal. The decisive factor for the judgment is that, in the case of a composite mark, although each distinctive character may be assessed in part for each of the terms or elements taken individually-the Board of Appeal had assessed individually the word elements of the later mark and found them to have weak distinctive character-it must in any event be based on the overall perception of that mark. And the Board of Appeal did not take such an overall view of the verbal element as a whole. The conclusion as to the weak distinctive character of the element “1st AMERICAN” as a whole was in no way substantiated, the CJEU held.