Device mark v word and device mark
DER GRUENE PUNKT-DUALES SYSTEM DEUTSCHLAND AKTIENGESELLSCHAFT (DE) based on
its earlier registration of device marks imaging two rounded intersecting arrows
of contrasting colours in a circle opposed to registration of a word and device
mark in the name of AB Specializuotas transportas (LT). The opposed mark incorporated
the word ABSTas (an abbreviation of the company name) resting on an ellipse
with a rounded arrow inside.
The opponent's marks were registered in relation to goods and services in all
classes, with the exception of classes 36, 37, 38,41. The opposed mark related
to services in classes 37, 39, 40, and 42.
The marks were found dissimilar. The Board decided that the word element was
important in the opposed mark, since it would first be perceived by the consumer.
The graphic elements of the marks were not identical. The opponent's mark was
symmetrical, while the opposed mark had no symmetry. Comparing the integrity
of similar and dissimilar elements, the Board decided that the differences outweighed
similarities in creating the general visual impression of each of the mark.
Consequently the marks were found to be not confusingly similar. The opposition
was rejected and the opposed registration remained in force.
(Decision No.288 of February 12, 2001).
