MAGIC SEAT vs./ SEAT SA
The Opposition Division and the Board of Appeal recognized a risk of confusion between SEAT and MAGIC SEAT considering the high distinctiveness and reputation of SEAT in Spain for cars.
The applicant has just brought the case before the CFI, claiming that the signs are visually dissimilar due to the figurative element of the prior trademark, are phonetically different since MAGIC SEAT is pronounced in an English way in Spain (country of origin of the trademark SEAT) and finally, are conceptually divergent due to the reputation of SEAT.
Nevertheless, these arguments will not, in our view, be taken into account by the judges since MAGIC SEAT is at least a declination of SEAT for the relevant public in light of the dominant and distinctive name SEAT.