Industria de Diseño Textil, S.A. (INDITEX, S.A.) v. Zohara Tights Ltd

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


The goods at issue in Classes 18 and 25 are identical and highly similar. It is undisputed that reputation/enhanced distinctiveness of the earlier marks ZARA was proven in respect of clothing, footwear, headgear. The signs are visually similar at most to a low degree, aurally similar at most to an average degree and the conceptual comparison is neutral or the signs are conceptually dissimilar. The degree of aural similarity between the signs is less significant because the goods in Classes 18 and 25 are marketed in such a way that, when making a purchase, the relevant public usually perceives visually the mark designating those goods. It is confirmed that there is no likelihood of confusion on the part of the relevant public in the EU under Article 8(1)(b) EUTMR. Since ‘ZARA’ will not be seen as such in ‘ZOHARA, the contested mark will not bring to mind the earlier marks, even taking into account that the earlier marks enjoy a high reputation and even for identical goods. It is unlikely that the relevant public will make a mental connection between the signs in dispute, that is to say establish a ‘link’ between them. Consequently, it is confirmed that the opposition is not well-founded under Article 8(5) EUTMR.

Comparison of Trademarks


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