New OHIM practice for retail sale services
The OHIM opposition guidelines amended since July, 2006, now states that the comparison of an earlier right for goods with a later sign for retail sale services is subject to the following similarity graduation:
* retail sale without specification of the products are similar to all goods.
* retail sale specifying particular goods are similar to these goods.
* retail sale specifying particular goods are in principle dissimilar with other goods. When the two signs to be compared are both for retail sale services, the following applies:
* retail sale without specification of the goods is identical or similar with retail sale with or without specification of the goods.
* retail sale specifying particular goods may be similar with retail sale of other particular goods depending on the circumstances and especially on the products in concerns. However, the OHIM outlines that a risk of confusion can only be retained when the marks are (almost) identical and well-established on the market.