T-95/07
Zagadnienia:
Leki, pharmaceuticals.
Powiązanie ekonomiczne.
Wyrok dotyczył znaków towarowych:
PRAZOL, PREZAL
Tezy i wnioski:
56. In that regard, it should be pointed out that the finding that there was no likelihood of confusion, reached by the Board of Appeal in paragraph 12 of the contested decision, is based on a false premiss, namely that there are significant phonetic differences between the signs which outweigh the low degree of visual similarity between the marks in dispute. That assessment cannot however be accepted, since, as pointed out in paragraphs 42, 49 and 52 above, the signs in dispute are visually and phonetically very similar. The fact that the relevant public consists of end-consumers amongst others, whose level of attention can be considered to be above average, is not sufficient, given the identical nature of the goods concerned and the similarity of the signs in dispute, to rule out the possibility that those consumers might believe that the goods come from the same undertaking or, as the case may be, from economically-linked undertakings.
Tekst wyroku:
T-95/07, Aventis Pharma SA v. OHIM.
Opublikowany:
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