You have the well-known trademarks with an iconic logo, distinctive colours or something other remarkable. And you have the trademarks who want to take advantage with a logo, colours or other elements that are not the same but similar, of course keeping a clever distance. Such trademarks are harmful for the well-known trademarks as they dilute the distinctive elements of the well-know trademark. But recently, EUIPO ruled in favour of the logo of All-star. Initially, the opposition division rejected the opposition filed by All-star. But in Appeal, the Board of Appeal ruled that the signs “coincide in the shape and structure of the figurative trademark. They both consist of the same basic images: a big, five pointed star, placed in the middle of a circle. In both circles additional, smaller word/figurative elements appear around the circumference of the circle: ‘FLORAL GALAXY’, ‘Super Nova’ and nine small stars in the contested sign, and ‘CONVERSE’, ‘ALL STAR’ and ‘Chuck Taylor’ in the earlier sign. The structure and the overall figurative appearance of the signs is very close, even if their word elements differ. The dark, five pointed star is also a dominant element in both signs. The visual similarity is not marginal, even if its level must be set below average, due to the different word elements.” Moreover, besides the favourable decision on confusion, the Board also rules that the concerning trademark can take advantage of the distinctive character and repute of All-star. So, a great victory for the trademark holder!
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