Dial GmbH v. Dalux

Dial GmbH

Case details

Plaintiff: Dial GmbH

Defendant: Dalux

Case no.: R1271/2022-5

Jurisdiction: European Union

Industry: Retail

Decision date: 27 Mar, 2023


The contested goods and services are identical in a small part and similar for the most to an average degree. The earlier mark is inherently distinctive to an average degree. The conflicting marks are similar to an average degree and phonetically similar to an above average degree for the relevant Polish public. There is a likelihood of confusion on the part of the relevant Polish speaking public. Even an attentive public retains only an imperfect image of the marks and may not necessarily remember the additional vowel ‘I’ in earlier mark 2, and banal and decorative device element of the contested mark.

Comparison of Trademarks