Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the holder of an identical or similar earlier mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Mark CONFORFLEX and figurative marks including the term flex — (Council Regulation No 40/94, Art. 8(1)(b))
For the Spanish public, there is a likelihood of confusion between the word mark " CONFORFLEX" , in respect of which registration was sought as a Community trade mark for " bedroom furniture" falling within Class 20 of the Nice Agreement, and two figurative marks including the word element " flex" , registered earlier in Spain for all sorts of furniture, including bedroom furniture, falling within the same class.
Whilst, from the point of view of the public concerned, the term " flex" may indeed be regarded as evocative of a characteristic of the goods in question, namely flexibility, the earlier marks do not, on that account, have a highly distinctive character; given that the factors relevant to the assessment of whether there is a likelihood of confusion are interdependent, the fact that the designated products are identical, coupled with the fact that the opposed signs are conceptually very similar, is sufficient for a finding that there is such a likelihood.
see paras 56, 58, 62