How much visual similarity is necessary?

The Opposition Division of the EUIPO denied a likelihood of confusion between Abercrombie & Fitch Europe SAGL's trademark and Adenauer Markengesellschaft UG's trademark, despite the similarities in their figurative elements. The division found a low visual similarity due to differences in orientation, shapes, and additional verbal elements. However, it accepted a link between the trademarks for related goods and recognized unfair advantage taken by Adenauer Markengesellschaft UG. The use of "ADENAUER & CO." in the contested mark may be a differentiating element. The application of the THOMSON LIFE doctrine is not clear-cut. The similarity between "clothing" and "textile goods" is debatable.



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