Phonetic similarity sufficient to create likelihood of confusion where goods are ordered orally

European Union

In Stock Polska sp zoo 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 figurative mark LUBELSKA and the word mark LUBECA for alcoholic beverages. Among other things, the court held that, when the goods concerned are ordered verbally for consumption in bars, restaurants or nightclubs, the phonetic similarity between the marks is, by itself, sufficient to give rise to a likelihood of confusion.

Unlock unlimited access to all WTR content