Dr. Florian Schwab in WTR Daily on case T-76/24 – no likelihood of confusion between PRESIDENT marks

In the online magazine “World Trademark Review Daily”, BOEHMERT & BOEHMERT partner and attorney at law Dr. Florian Schwab sheds light on the decision of the General Court of the European Union (T-76/24) in the case Benschop v. EUIPO of June 4, 2025.

In long-running proceedings the General Court finally annulled the EUIPO Board of Appeal’s decision, rejecting the opposition against the EU figurative mark ALWAYS RUN 4PRESIDENT by Seven Bell Group’s earlier figurative mark PRESIDENT’S.

Despite the goods and services (including purses, clothing, advertising) being identical or similar, the court found no likelihood of confusion due to the low degree of visual, phonetic, and conceptual similarity between the marks. The court emphasized that the enhanced distinctiveness of the earlier mark was insufficient to offset these differences. Moreover, the common term “President” would be understood by the relevant public in the EU as being part of the basic English vocabulary and being perceived as laudatory for the relevant goods and services. According to the court, this would lead to the additional elements in the contested mark conveying a below average only conceptual similarity.

 

 

The detailed article by Dr. Schwab entitled “General Court annuls Board of Appeal decision in PRESIDENT dispute” was published on June 16, 2025 and is available online for registered users of WTR Daily here.