Industria de Diseño Textil, S.A. (INDITEX, S.A.) v. El Corte Inglés, S.A.

Industria de Diseño Textil, S.A. (INDITEX, S.A.)

Decision

The disputed signs are visually, aurally and conceptually different. Thus, there is no similarity between the opposing trade marks and therefore no likelihood of confusion, although the same goods are covered in Classes 3, 18 and 25. Despite the fact that the earlier trade marks are trade marks of repute in Spain, there is no similarity between them and the trade mark applied for, which means that said ground for opposition, and therefore the appeal, must be dismissed. The appeal is dismissed.

Comparison of Trademarks

Zara

ZARZAS