Paris Court of Appeal, October 16, 2009

The Court of Appeal has regarded “PHYTOCONCEPT” (covering classes 3, 5 and 42) and “PHYTOCOSMET” (in classes 3, 5, 42 and 44) as similar trademarks because of the inclusion of the same low distinctive radical and of an overall very close sound. We are quite skeptical on this outcome. The very low distinctive radical PHYTO and the respective and clear meanings and visual differences of CONCEPT and COSMET should have brought the Court to refrain from ruling likelihood of confusion.

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