Fuchs Petrolub AG v Castrol Limited and Another (35631/14)
Fuchs Petrolub AG v Castrol Limited and Another (35631/14) [2014] ZAGPPHC 1031; 2014 BIP 302 (GP) (4 December 2014)
The court found that Castrol's mark 'TITANIUM FLUID STRENGTH TECHNOLOGY' is a composite mark and must be considered in its entirety when compared to Fuchs's 'TITAN' mark. The comparison should not be limited to the dominant element 'TITANIUM'. On a global appreciation of the marks, there is no reasonable likelihood of confusion or deception between 'TITAN' and 'TITANIUM FLUID STRENGTH TECHNOLOGY', either visually, phonetically, or conceptually. The court also found that even if the comparison were limited to 'TITAN' and 'TITANIUM', the words are sufficiently distinct in meaning, appearance, a…
Source excerpt
- Trade Mark Opposition
- Likelihood Of Confusion
- Composite Marks
- Dominant Feature Analysis
- Section 10 Trade Marks Act
- Descriptive Elements