On October 25, 2006, the European Court of First Instance went against the main Community case law on short marks.
The Court held that the letter « R » was not sufficient enough to differentiate visually these word marks which still had 3common letters.
Orally, they both bear a two-syllable structure with the same overall sound and without a radical impart of the letter « R » the sound of which would be absorbed by the « O » vowel. The marks above were then regarded as similar.
This decision needs to consider in greater detail the important role of device elements in short trademarks, as illustrated in the FUBU case above, to move away from short approaching signs