Orange Brand Services Limited v. Salamander Austria GmbH

Orange Brand Services Limited


The goods are identical. Therefore, based on the interdependence principle, a proportionally lesser degree of similarity between the signs would be sufficient to find a risk of confusion. On this point, the signs have been found similar to an average degree due to the common distinctive element ‘orange’, being the only verbal element of the earlier sign, along with the common figurative element of a square device present in both signs and the visual colour structure the signs share. It follows from all the above that the relevant public may assume that the conflicting marks derive from the same or economically-linked trade origins. Consequently, the Board confirms the contested decision and that there is, pursuant to Article 8(1)(b) CTMR, a risk of confusion between the marks in conflict with respect to ‘footwear (shoes)’ in Class 25 to which the applicant limited its trade mark application. In light of the above, the appeal is dismissed.

Comparison of Trademarks


Related articles