||All England Reporter
|| All ER (D) 49 (Apr)
||Court of First Instance of the European Communities (First Chamber)
Judges Cooke (President), Labucka and Trstenjak
||5 April 2006
European community - Trade marks - 'Likelihood of confusion' - Trade mark application opposed on grounds of similarity with earlier mark - Application for word sign 'ECHINAID' - Earlier trade mark 'ECHINACIN' - Whether Board of Appeal entitled to find relevant consumers likely to pay more attention to the endings of marks rather than to the descriptive prefix - Council Regulation (EC) 40/94, art 8(1)(b).
The Office for Harmonisation in the Internal Market's Board of Appeal had been entitled to conclude that the degree of similarity between the word sign 'ECHINAID' and the international trade mark 'ECHINACIN' was not sufficiently great for it to be considered that there existed a likelihood of confusion between them, within the meaning of art8(1)(b) of Council Regulation (EC) 40-94 (on the Community trade mark), as the average consumer, who was reasonably well informed, reasonably observant and used to products containing the prefix 'Echina-', was likely to pay more attention to the endings of the marks rather than to the descriptive prefix, which was insufficiently distinctive.
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