In this article, we look at two recent trade mark opposition
decisions. These remind us of the many issues that need to be
considered when comparing trade marks. They also highlight the
growing importance of Chinese brands.
The first involves a case that was before the European Union IP
Office ("EUIPO"). In this case, the
Taiwanese company Wawei filed an EU trade mark application for
Wawei for food and drink in classes 29, 30 and 32. Huawei, the
Chinese telecommunications giant, has the trade mark Huawei
registered in every one of the 45 classes, and opposed the
application for Wawei on the basis that it was likely to cause
confusion.
Huawei conceded that the fact that the two trade marks have
different first letters is relevant, as the first letter of a trade
mark is generally very important. However, it argued that it was
relevant that both trade marks contain the string "awei".
It also argued that it was very relevant that the pronunciation of
the two trade
