In its decision "SIERRA ANTIGUO" the German Federal Supreme Court (Bundesgerichtshof) has recently handed down the following headnote concering partially identical composite marks (unofficial translation):

SIERRA ANTIGUO

In cases where an element of an earlier composite trade mark (here: SIERRA ANTIGUO), which itself is not dominated or characterised by any of its components, is identical with an element of a later composite trade mark (here: 1800 ANTIGUO), it may not be assumed - in the absence of unusual circumstances - that the common element (ANTIGUO) has an independent distinctive role in the later mark, even without characterising it.

Case reference: I ZB 61/07 of 3 April 2008.

The decision can be retrieved in its entirety by clicking here.