OHIM - CTM Eastpak v/ CTM Easy Pack
Date de la décision
16-04-2014
N° de la décision
1891335
Type de jurisprudence
Marques
Juridiction
Opposition Division
Classes (brevet ; marque)
25
Parties
JANSPORT APPAREL CORP v/ AIGLE INTERNATIONAL S.A.
JANSPORT APPAREL, owner of the well known semi figurative mark EASTPAK, was represented by Cristina Bercial-Chaumier, Attorney at law. The Opposition Division fully accepts the position of JANSPORT and completely rejects the semi figurative trademark application EASYPACK.
The opposition was based on the prior semi figurative Community trademark EASTPAK for all the goods of class 25, particularly clothes, articles of clothing for sportswear and footwear, all products also designated by the contested trademark EASYPACK.
The Opposition Division considered that the signs were visually and phonetically similar to the extent that they share the letters EAS at the beginning of the signs and the endings PAK/PACK.
The slight visual and aural differences noted by the Opposition Division between the two semi figurative signs as well as the absence of any conceptual similarity (earth globe for one sign and arrows for the other) were considered insufficient to avoid the risk of confusion.
In the light of the visual and phonetic similarities as well as the identity between the products involved, the Opposition Division found that there was a likelihood of confusion on the part of the public constituted here by the public at large.
