||All England Reporter
|| All ER (D) 340 (Nov)
||Court of First Instance of the European Communities
Judges Vilaras (President), Martins Ribeiro and Jürimäe
||24 November 2005
European community - Trade marks - 'Likelihood of confusion' - Opposition proceedings - Application for Community word mark - KINJI - Earlier national word mark - KINNIE - Whether likelihood of confusion existing between marks at issue - Council Directive (EC) 40/94, arts 8(1)(b).
Although the goods covered by the Community trade marks at issue in the instant case were identical or very similar, the visual and conceptual differences between the signs provided sufficient grounds for taking the view that there was no likelihood of confusion on the part of the relevant public. Accordingly, the opponent's application for the annulment of the decision of the First Board of Appeal of the Office of Harmonisation in the Internal Market (Trade Marks and Designs), rejecting its opposition to the registration of the mark, would be dismissed.
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