Low distinctiveness of word element does not preclude it from being most distinctive element of marks
In The Art Company B & S SA v European Union Intellectual Property Office (EUIPO) (Case T-735/15, December 6 2016), the General Court has annulled a decision of the First Board of Appeal of the EUIPO in which the latter had found that two signs which both included a star figurative element and the word 'art' for identical goods were not confusingly similar. Although the 'art' element of the signs was of low distinctive character, it was still capable of being the distinctive element of the signs in question.
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