EUIPO - Vlees & Vleeswaren Campens v/Sema Nur Turan

Decision date

2017-04-28

Decision No.

B002637653

Nature

Trademarks

Jurisdiction

EUIPO - Opposition Division

Parties

Vlees & Vleeswaren Campens v/Sema Nur Turan

The Belgian company Vlees & Vleeswaren Campens was represented by Marianne Gabriel, attorney at law and Klervi Henry, attorney at law.

Issue:

  • - Demonstrating the likelihood of confusion between the applied for complex sign and an earlier mark, also complex, composed of numerous verbal and figurative elements.

Vlees & Vleeswaren Campens opposed the European Union trademark application on the basis of its earlier mark .

Whereas the conflicting signs present many differences, the argument developed by the firm in this case made it possible to highlight that the distinctive and dominant elements of these signs were in fact the term ZAHRA (for the earlier mark) and the term ZEHRA (for the contested application), and that they were, therefore, very similar.

The EUIPO followed this argumentation and concluded that the conflicting signs were visually, phonetically and conceptually similar. Consequently, it rejected the contested application with respect to the opposed goods.