Tina vs. Bibi & Tina – Dr. Eckhard Ratjen in GRUR-Prax 02/2025 on the judgment of the General Court of 13.11.2024 – T-444/23

Bibi & Tina – Likelihood of confusion if one of two equivalent word elements of the earlier figurative mark is adopted

In issue 2/2025 of the magazine “Gewerblicher Rechtsschutz und Urheberrecht in der Praxis” (GRUR-Prax, Intellectual property and copyright law in practice), BOEHMERT & BOEHMERT partner and attorney at law Dr. Eckhard Ratjen addresses the question of whether there is a likelihood of confusion when an averagely distinctive word element is taken from an earlier figurative mark that contains another, equivalent and averagely distinctive word element.

The background to this is the decision of the General Court of the European Union of 13.11.2024 – T-444/23 Tina/Bibi&Tina, which confirms a likelihood of confusion in Classes 3 and 5 between the name element “Tina” of the EU trade mark Bibi&Tina and the disputed trade mark “Tina” for various cosmetics and hygiene products. Although there was a slight visual similarity and an average phonetic similarity, the General Cout took the view that the disputed trade mark would be perceived as a different version of the earlier mark “Bibi&Tina” and not as an independent mark with a different commercial origin.

The full article by Dr. Eckard Ratjen entitled „Bibi & Tina – Verwechslungsgefahr bei Übernahme eines von zwei gleichwertigen Wortbestandteilen der älteren Bildmarke“ was published in German in the printed edition of GRUR-Prax 02/2025. Subscribers to beck-online.de can also access the article online here.