Tourism's Influence On Defining The 'Relevant Public' In EUTM Oppositions

Likelihood of confusion is by far the most used ground for refusal in oppositions against European Union trademark (EUTM) applications.

It exists if there is a risk that the relevant public might believe that the goods or services in question come from the same undertaking or economically linked undertakings. Consequently, the 'relevant public' concept is a determinant for assessing the relative ground for refusal.

Since tourism is a very relevant industry in some EU countries, it can only be concluded that tourists are part of the public. The aim of this article is to reflect on to what extent tourism impacts the notion of relevant public.

The importance of the relevant public in the comparison of trademarks