2023年12月12日
Brands Update - December 2023 – 6 / 8 观点
It is also a reminder that, at EU-level, a likelihood of confusion need only exist in part of the EU for a mark to be refused registration or invalidated. Here, there was a likelihood of confusion from the viewpoint of the average Latvian public with a good knowledge of Russian.
Obschestvo s ogranichennoy otvetstvennostyu applied to invalidate an EUTM registration owned by Schweppes International for the image of a drinks bottle with a label bearing the words MAY TEA. The mark was registered in Classes 30 and 32 for various products including flavoured tea-based and non-alcoholic tea flavoured beverages.
The action was based on an earlier International registration covering the Czech Republic, Germany, France, Latvia, Poland and Slovakia for the mark МАЙСКИЙ ЧАЙ covering tea in Class 30. Obschestvo s ogranichennoy otvetstvennostyu argued that there was a likelihood of confusion between the marks under Article 8(1)(b) of the EUTM Regulation.
Earlier IR registration | Later EUTM registration |
---|---|
(Designating the Czech Republic, Germany, France, Latvia, Poland and Slovakia) | |
МАЙСКИЙ ЧАЙ | |
Class 30 (tea) | Classes 30 & 32 (including flavoured tea-based and non-alcoholic tea flavoured beverages) |
The Board overturned the first instance decision and invalidated Schweppes's registration. The following interesting points arise from the decision.
Near identical marks (save for visual and phonetic differences due mainly to the different languages) plus identical goods often results in consumers believing that the goods sold under the later mark are marketed by the same or economically related undertakings but adapted to a wider territory. The Board held that it was highly conceivable that the average consumer would perceive the mark under attack as a variation of the earlier mark, adapted for all consumers throughout the EU.
作者 Alice Anderson 以及 Louise Popple
作者 Louise Popple 以及 Alice Anderson