Whisky- All In The Blend

Both marks in this case covered alcoholic drinks, more specifically (and not surprisingly) whisky.

The applicant for the EUTM "CLAN" sought to argue that it was sufficiently distinguishable from the opponent's mark CLAN MACGREGOR because it conveyed the general concept of a "group" rather than a specific family group.

The Board of Appeal had reached the conclusion that there an average level of conceptual similarity between the marks and also an average level of visual and phonetic similarity. Taking everything into account, including the identity of the goods, it decided that there was a likelihood of confusion and upheld the Opposition Division's rejection of the application.