On February 1st, 2006 – PERFIX/ CERFIX

The European Court of First Instance upheld an opposition based on trademark CERFIX against trademark PERFIX as reproduced here above. (Community trademark application) VS./ (Earlier trademark opposed)

The reasoning was to minimize the visual differences as regards the strong phonetic likeliness of the signs, especially because of the mode of marketing of the products. As a matter of fact, the judges considered that, because the products were sold by oral order, the phonetic similarity is enough to generate confusion.

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