TERRA/ TERRANUS

TERRA/ TERRANUS

On March 22, 2007, the European Court of First Instance considered that the CTM application for the word mark TERRANUS was similar to the Spanish earlier mark for insurance services, financial affairs and real estate affairs in class 36.

The Court applied its usual approach as to the weight of word over device elements considering that TERRA was visually and phonetically dominant in both marks, while TERRANUS was, in our view, a rather fanciful word. Maybe filing TERANUS could have changed the Court’s decision.

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