Sport Clube União Torreense v. Torres Sport Trade, S.L

The goods in Classes 25 (sportswear) and 28 (gymnastic and sporting articles) are identical. The Board has assumed that all the goods target the public at large with an average degree of attention. As to the comparison of the signs, the earlier word mark ‘TORREENSE’ is visually, phonetically and conceptually similar to only a low degree to the contested sign, or the signs are conceptually dissimilar or not similar. The other earlier word mark, ‘ACADEMIA TORREENSE’ is visually, phonetically and conceptually similar to a very low degree to the contested sign, or the signs are conceptually dissimilar or not similar. The two earlier figurative marks are visually and phonetically dissimilar and conceptually similar to a very low degree, dissimilar or not similar to the contested sign. All four earlier marks have a normal degree of inherent distinctiveness. The relevant Portuguese public is acquainted with the word ‘TORRES’, which has moreover a clear meaning in Portuguese (towers), and it will not confuse the contested sign with the earlier marks. Even with earlier mark ‘TORREENSE’, the relevant public will clearly perceive the differences in length in that mark and will without doubt notice the double ‘EE’, which is striking.