VS./
On February 8, 2007, the CFI confirmed that these marks were phonetically identical in their most significant parts. However, the prominent size and the black and white colours of the “mars” mark made the device stand out and “mars” referred to that device (contrary to the “nars” trademark). Conceptually, the marks did not share the idea of a planet.
The impact of device elements on dissimilarity is growing before the OHIM, but using them as key tools still requires a case by case analysis.