Keywords
Summary

Keywords

Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Opposition by the proprietor of an identical or similar earlier mark registered for identical or similar goods or services — Risk of confusion with the earlier mark — Word mark BUD and word mark BUDMEN — (Council Regulation No 40/94, Art. 8(1)(b))

Summary

For the public in Denmark, Ireland and the United Kingdom, there is a visual, phonetic and conceptual similarity between the word mark " BUDMEN" , registration of which as a Community trade mark is applied for in respect of " clothing, footwear and headgear" in Class 25 of the Nice Agreement and the word mark BUD, previously registered in Denmark in respect of all products in Class 25 and in Ireland and the United Kingdom in respect of a series of products within the same class and comprising those referred to in the trade mark application.

Given the similarity and the nature of the products covered by the conflicting marks, the differences between them are not sufficient to dispel the likelihood of confusion in the mind of the relevant public. The mark applied for thus falls within the prohibition imposed by Article 8(1)(b) of Regulation No 40/94 on the Community trade mark.

see paras 47-55, 58-59, 65