Sometimes it is worthwhile to appeal a decision. A recent example is the opposition that Beats had filed against a D logo for identical products. In the first instance, Beats lost the opposition case: EUIPO did not find that the trademarks resemble.
But the Board of Appeal takes a different view on the matter. The Board finds that the essential characteristics of the Beats logo have been reproduced in the contested logo. A consumer might think that they are mirrored logos. And despite the fact that the one is a B and the other a D, the similarity prevails.
So, as the products are identical, the Board of Appeal comes to the conclusion that there is indeed a risk of confusion. The application is rejected after all, but still, the decision can still further be appealed.
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