Comparison of trademarks: OPTREX and OPDREXNW & device

The OHIM has upheld that there was no risk of confusion between the CTM application for OPDREXNW (displayed below) and the earlier French word trademark for OPTREX.

The CTM was said to present some significant graphic aspects which had no equivalent in the earlier mark such as the division of OPDREXNW in various segments through different colors. The inclusion of the letters NW also had some aural impact for the OHIM. No conceptual comparison was conducted by the OHIM since none of the marks had any meaning,

The reasoning of the OHIM appears too radical as to the consistence of OPDREXNW. The OPDREX part being displayed with a white background and separated of NW which had a black background, the visual comparison should have been reassessed at a higher level of possible similarity even if the respective products covered in class 5 were found of medium similarity.



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