In Case T-387/10, the General Court confirmed the BoA's decision that there is likelihood of confusion between ARANTAX and earlier German right ANTAX.

Preliminarily, the opponent successfully brought proof of genuine use of ANTAX for ‘tax assessment’ services by producing the following: 5 fees invoices for the relevant period (2004-07) for a total amount of 2,277.09 EURO, extracts of company registrar with ANTAX and from company Internet website, witness statement by managing director.

The services described on the invoices fall within the German tax law (Steuerberatungsgesetz) which regulates the profession of ‘tax assessor’ and correspond to services designated by the Steuerberatergebührenverordnung (German regulation implementing the fares for tax assessors). The tax assessor Federal Chamber (Bundessteuerberaterkammer) mentions such typical activities ‘ bookeeping, tax preparation, etc’ and the indication «ANTAX Steuerberatungsgesellschaft» on the Company website clearly indicates that their use of the mark is for tax assessment services for a “big clientele” (grossen Mandantenstamm) spread on the German territory.

The Court thus confirmed that there is a likelihood of confusion for the German consumer between the contested CTM registered for Class 35, 36 and 42 services and the earlier mark in particular because of the common ‘TAX’ element, except for ‘financial management’ services.