Plaintiff: Schwörer Haus KG
Defendant: Pressalit A/S
Case no.: R1790/2022-1
Jurisdiction: European Union
Industry: Construction
Decision date: 24 May, 2023
The goods and services are partly identical and partly similar. They target the public at large and the professionals with specific professional knowledge or expertise in the fields of construction and building materials and trade thereof. Moreover, the signs are visually, aurally and conceptually similar to an average degree. Principally, they are similar due to their component ‘SPACES’, which is the sole element of the contested sign, and which is fully reproduced as a distinct element of the earlier mark. Thus, the Board considers that the Opposition Division’s decision was well founded and that there is a likelihood of confusion between the signs at issue.
FlyingSpcaes
SPACES
