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General Court: News+/Actu+
In Case
T-591/13, the General Court confirmed the contested decision finding lack of
likelihood of confusion between the following rights registered for similar
services in Classes 35, 38 and 41:
Euronews |
Groupe
Canal + |
News+ |
ACTU+ |
The Board held
that the signs were different visually and phonetically, and were conceptually
similar for part of the relevant public , which understood the meaning of the
two signs. In addition, the Board of Appeal noted that the element
"+" was commonly used on the market in a laudatory sense and,
therefore, should be considered of low distinctive character for the services
in question. Also, the alleged brand awareness of "Canal +" had no
influence on the distinctiveness of the earlier mark.
The Court found
that the average French consumer will perceive the word “actu” as an
abbreviation for “actualité” being a synonym of “news”. The English word “news”
is commonly used by the French public, so the signs are conceptually similar,
contrary to what the Board held. However similar the marks are from a visual or
conceptual point of view, they produce such a different visual impression (and
“+” has low distinctive character) that no risk of confusion exists.
Tags: General court, likelihood of confusion, actu+, news+,
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