GROUPE CANAL+ v. Grundig Multimedia AG


Case details

Plaintiff: GROUPE CANAL+

Case no.: R1787/2022-4

Jurisdiction: European Union

Industry: Media

Decision date: 29 Mar, 2023


The similarity between the signs is based on the common distinctive element ‘CUBE’, whereas the earlier mark’s differing elements are less relevant. Even though the contested sign differs in the distinctive first element ‘Grundig’, the second verbal element ‘Cube’ plays an independent distinctive role therein. Taking into account the identity or similarity between the goods and services, the below-average degree of visual and the average degree of aural and conceptual similarities between the signs and the earlier mark’s normal degree of distinctiveness, a likelihood of confusion exists within the meaning of Article 8(1)(b) EUTMR on the part of the French public, even taking into account a higher level of attention for part of the identical goods and even for the goods which are similar to a low degree for which, in any event, the level of attention of the relevant public is normal.

Comparison of Trademarks


Grundig Cube

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