Plaintiff: Aldi GmbH & Co. KG
Defendant: Aleš Titlbach
Case no.: R0556/2020-2
Jurisdiction: European Union
Industry: Retail
Decision date: 06 Feb, 2020
Subject matter: Similarity of goods and servicesRemittal from GC/CJ
The contested goods ‘toys’ are similar to an average degree to the ‘playing cards’ of the earlier EUTM. The signs are overall similar to an average degree. The relevant public is the public at large throughout the European Union with an average level of attention. The earlier mark has a normal distinctive character for ‘playing cards’. In light of all the foregoing, taking also into account the principles of interdependence and the imperfect recollection of the public at issue, there is reason to assume that a significant part of the relevant public may be misled into thinking that the similar goods bearing the overall similar conflicting signs come from the same undertaking or, as the case may be, from undertakings that are economically linked.
ALDI
ALTISPORT
How do I ensure that my logo is suitable for trademark registration?
I want to register a JP trademark in one class; how much would that cost?
What is the difference between a word and a figurative mark?
Shall we register a word trademark, image trademark, or a combination?
Is there a price difference when filing wordmark vs figurative mark?
What do I actually need to trademark - our name or logo? Or do I need to do both?
