Cowhide devices have low distinctiveness for milk products

On June 13, 2006, the Court of First Instance denied a likelihood of confusion between the earlier mark and the application for milk goods.

For the judge, all the components of the prior trademark were not sufficient to deny that the cowhide design dominates, by itself, the image of the mark. Considered as visually different, the Court admitted conceptual similarity of the marks.

The signs were regarded as both calling to mind the idea of a cow known for milk productions. However, this similarity was counterbalanced because of the weak distinctive character of a cowhide design.

The decision content is such that the European judge clearly allows a coexistence of trademarks composed of cowhide devices as long as they are for milk goods.



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