When comparing the signs (Earth and Snow) and TERRE ET MER (Earth and Sea), the Rennes Court of Appeal considered that both signs had the same visual structure, same “rhythm”, and similar phonetics.
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According to the judges, the fact that a great number of marks contain the word TERRE does not prove the banality of the word, as constantly exemplified by case law.
Also, the fact that snow and sea both are natural elements was another reason why the court recognized that there was a risk of confusion between the two signs, notwithstanding the addition of a graphic element in the contested mark.
This decision is in line with the opposition we had won between the marks KIT TATIN and KIT GOUTER
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