In the online magazine World Trademark Review Daily from 04/11/2014, BOEHMERT & BOEHMERT partner and trademark law expert Dr Florian Schwab reports on the recent decision of the European Court of Justice (T-297/13 Junited Autoglas Deutschland GmbH & Co KG ./. OHIM) from 16 October 2014. The Court affirmed a risk of confusion between the older Polish word/picture mark AUTOGLASS and the Community mark UNITED AUTOGLASS in particular for motor vehicles, replacement parts for motor vehicles, windscreens. In terms of understanding the terms “Autoglas” and “united” from the perspective of the relevant Polish public, the Court again has regard to the modest English language ability of consumers in the EU. “Glass” as well as “united” are not part of the basic English vocabulary of the EU consumer, the Court held. Those subscribing to WTR Daily can see the entire article here.
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