EUIPO: Comparing Figurative Marks

Emanuel Remie is an expert on assessing figurative marks and their likelihood of confusion in applications and oppositions

Basic insights

Comparing figurative trade marks

Figurative marks, as others, needs to be compared based on three factors. The starting point is always the entire figurative mark as it is applied for. Minor elements can be disregarded (and must be) in order to avoid the possibility to intensionally add some small elements to achieve distinctiveness.

The three factors are:

  1. Visible: Here all colours, shapes and especially distinctive elements are taken into account
  2. Audible: How does the trade mark sound if red. Local pronounciations need to be taken into account
  3. Conceptual: Here the idea behind the mark (not only the visible elements) are compared

There is extensive case law applying these rules and they are not straightforward in many cases. Given the wealth of rulings on these topics it is always advisable to involve professionals specialized in trade mark law.

See the following EUIPO-Guidelines, also the topic of comparison of figurative marks.