Leica Microsystems CMS GmbH v. SONS OF NIK. VASSILIKOS

Leica Microsystems CMS GmbH

Decision

Taking into account the identity and similarity to various degrees of the conflicting goods, the high level of visual similarity, the very high level of aural similarity, or even identity, and the very high level of conceptual similarity between the signs and the normal distinctiveness of the earlier mark, there is a likelihood of confusion within the meaning of Article 8(1)(b) EUTMR, even taking into account a high level of attention, at least on the English-speaking part of the public. This suffices for the opposition to succeed on the grounds of Article 8(1)(b) EUTMR.

Comparison of Trademarks

FALCON