General Court confirms likelihood of confusion between marks containing 'alpha' for Class 5 goods

European Union

In Opko v EUIPO, the General Court has upheld a decision of the Fifth Board of Appeal of the EUIPO finding that there was a likelihood of confusion between the marks ALPHAREN and ALPHA D3 for Class 5 goods. Among other things, the court found that, notwithstanding the relevant consumers' higher-than-average level of attention, the coincidence of the element 'alpha' had a significant impact on the perception of the marks on the part of those consumers.

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