TRADE MARKS
Frag Comercio Internacional, SL v OHIM (CFI) 11
November 2009
The Court or First Instance of the European Court of Justice
rejected an application by Frag Comercio Internacional to overturn
the OHIM Board of Appeal's finding that there was no likelihood
of confusion between the proposed figurative mark "green by
missako" and the figurative mark containing the word
"misako". The CFI upheld that the term "green"
and the representation of the sun were the dominant elements in the
overall impression given by the proposed mark, and considered that
the writing at the bottom of the mark "by missako" was
nearly illegible. Accordingly, there was found to be no visual,
phonetic or conceptual similarity between the signs and, therefore,
there were insufficient grounds for finding a likelihood of
confusion in the perception of the relevant public.
