EU General Court upholds likelihood of confusion between figurative “star” trade marks for clothing

The EU General Court has dismissed an appeal against a decision of an EUIPO Board of Appeal upholding an opposition to the registration of a figurative sign incorporating the numeral “2” (or the reversed letter “S”) and the word “star”, as an EU trade mark for various goods including spectacles, leather goods and clothing. The opposition was based on a finding of a likelihood of confusion with the earlier international figurative trade mark registration incorporating the text “ALL” and “STAR” and designating the EU in relation to clothing, and with the earlier EU figurative mark incorporating the text “ONE” and “STAR” and registered in relation to various goods and services including leather goods, clothing and retail services for eyeglasses.

The court held that the goods were identical and that there was a certain degree of similarity between the goods and services. The court also held that there was an above average degree of visual similarity, an average degree of phonetic similarity and an average degree of conceptual similarity between the signs.

Case: Morgese v EUIPO (2 STAR), Case T-568/15, 15 February 2017 (Bailii).

Practical Law 17.2.17