stradevarie VS Stradivarius


On December 21, 2006, the Board of Appeal denied a risk of confusion between these marks retaining that the lack of conceptual similarity prevailed.

The Board pointed out that Stradivarius is well associated with violins, making it easy for consumers to distinguish it from Strade Varie meaning « various roads ».

Along with Picasso vs./ Picaro, (ECJ January, 12, 2006 C-361/04P) Examiners confirm that a conceptual difference due to the strong meaning of one sign can elude the risk of confusion. 

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