These two figurative trade marks are not confusingly similar,
according to the General Court of the EU.
In a recent decision, the General Court held that
the trade mark consisting of a figurative animal (right) does not
cause a likelihood of confusion with respect to Elmar Wolf's
earlier figurative trade mark (left), as they are visually only
similar to a low degree and are conceptually dissimilar. There was
no dispute regarding the relevant public nor with respect to the
goods and services, which were considered identical: gardening
tools and related services. This decision is in line with what the
Opposition Division and the Board of Appeal of EUIPO had already
found.
Regarding the similarity between the signs, the General Court
firstly disregarded the black circle surrounding the earlier trade
mark, as it is barely perceptible to the consumer and will not be
memorised by him or her. The earlier trade mark thus consists of
the representation of the head of
