We Rock sold clothes and sports equipment under a number of trade marks. Its WE ROCK figurative trade mark comprised two identical parallel vertical bars that each curved outwards at the bottom. The edges of the bars were slightly rounded at the top but cut straight at the bottom. We Rock instituted cancellation proceedings against a third party whose own trade mark for clothing was practically identical to the WE ROCK trade mark, with an identical graphical design and typeface, except that it was upside-down and had a dot placed over the bars. According to We Rock the later mark, registered for similar goods, was confusingly similar. Other grounds for cancellation included well-known mark protection, copyright infringement and bad faith. The Trade Mark Registry dismissed the application for cancellation and We Rock appealed. In the absence of evidence that its mark was well-known, the appeal was based mainly on the ground of likelihood of confusion.

The appellate court agreed that the figurative parts of the WE ROCK mark and the later trade mark were virtually identical. However, on account of the dot in CH's trade mark and the fact that CH's trade mark was upside-down, the overall impression created by the latter mark was different to that created by the WE ROCK mark. Accordingly the marks were not confusingly similar. This being so, the allegations of bad faith became irrelevant. The copyright infringement plea failed too.

[source: note in International Law Office by Per Eric Alvsing and Tina Hård, Advokatfirman Vinge KB, Stockholm].