Storck v OHMI - RAI (Ragolizia) (French Text) [2012] EUECJ T-462/09 (12 January 2012)

Storck v OHMI - RAI (Ragolizia) (French Text) [2012] EUECJ T-462/09 (12 January 2012)

The marks 'Ragolizia' and 'FAVOLIZIA' are visually and phonetically similar to a degree that, combined with the identity of the goods, creates a likelihood of confusion for the average EU consumer under Article 8(1)(b) of Regulation (EC) No 207/2009. The differences in the initial letters are insufficient to...

Source-derived case information.

Citation
[2012] EUECJ T-462/09
Parties
Applicant: August Storck KG; Respondent: Office de l'harmonisation dans le marché intérieur (OHMI); Opponent: Radiotelevisione italiana SpA (RAI)
Jurisdiction
European Union
Procedural Posture
Trademark Opposition Appeal / Judgment on Appeal From OHMI Board of Appeal
Outcome
appeal dismissed
Legal Topics
Likelihood of Confusion, Comparison of Signs, Distinctiveness of Marks, Consumer Perception, Opposition Proceedings
Intellectual Property Trademark Law European Union Law Likelihood of Confusion Comparison of Signs Distinctiveness of Marks Consumer Perception Opposition Proceedings

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Parties

August Storck KG

Applicant

Office de l'harmonisation dans le marché intérieur (OHMI)

Respondent

Radiotelevisione italiana SpA (RAI)

Opponent

Procedural Posture

Trademark Opposition Appeal / Judgment on Appeal From OHMI Board of Appeal

  1. 1 Whether the marks 'Ragolizia' and 'FAVOLIZIA' are similar enough to cause a likelihood of confusion under Article 8(1)(b) of Regulation (EC) No 207/2009.
  2. 2 Whether the products covered by the marks are identical.
  3. 3 Whether the distinctiveness of the earlier mark affects the likelihood of confusion.

Ratio Decidendi

The marks 'Ragolizia' and 'FAVOLIZIA' are visually and phonetically similar to a degree that, combined with the identity of the goods, creates a likelihood of confusion for the average EU consumer under Article 8(1)(b) of Regulation (EC) No 207/2009. The differences in the initial letters are insufficient to overcome the overall similarity, and the conceptual comparison is irrelevant as neither mark has a clear meaning in EU languages.

Court Disposition

appeal dismissed

Orders

  • The appeal is rejected.
  • August Storck KG is ordered to pay the costs.