Decision on Opposition No B 2 827 536 page: 3 of 6
c) The signs
GO GLOW GoGrow
Earlier trade mark Contested sign
The relevant territory is the European Union.
The global appreciation of the visual, aural or conceptual similarity of the marks in
question must be based on the overall impression given by the marks, bearing in
mind, in particular, their distinctive and dominant components (11/11/1997, C-251/95,
Sabèl, EU:C:1997:528, § 23).
The unitary character of the European Union trade mark means that an earlier
European Union trade mark can be relied on in opposition proceedings against any
application for registration of a European Union trade mark that would adversely
affect the protection of the first mark, even if only in relation to the perception of
consumers in part of the European Union (18/09/2008, C-514/06 P, Armafoam,
EU:C:2008:511, § 57). Therefore, a likelihood of confusion for only part of the
relevant public of the European Union is sufficient to reject the contested application.
The elements ‘GLOW’ and ‘GROW’ are meaningful in those countries where English
is understood and the respective meaning of the various elements could have an
impact on their distinctive character in relation to the relevant goods. Accordingly, the
Opposition Division finds it appropriate to focus the comparison of the signs on the
non English-speaking part of the public, such as the Bulgarian, Spanish or Italian
public, for which these parts of the signs have no meaning.
The earlier mark consists of the elements ‘GO’ and ‘GLOW’. As mentioned before,
‘GLOW’ has no meaning for the relevant public and is, therefore, distinctive.
The word ‘GO’ means ‘to walk; to move or travel on foot (as opposed to any other
means of locomotion, as creep, ride, swim, etc.); (sometimes spec.) to move on foot
at an ordinary pace (as opposed to run, etc.)’. It is the most general verb of motion in
English, used to express literal or figurative movement (i) irrespective of the point of
departure or destination, (ii) away from a place, person, or thing, or (iii) towards a
place, person, or thing, or in a particular direction (see
As such, not only the English-speaking consumers but also the majority of the non-
English speaking public can be expected to understand the meaning of ‘GO’. As it is
not descriptive or otherwise weak for the relevant goods, it is distinctive.
The contested sign is made up of the elements ‘GO’ and ‘GROW’. However, as the
sign consists of one word, the non-English speaking public for whom the element
‘GROW’ has no meaning, is unlikely to dissect the mark. This part of the public will
perceive the mark as a whole, consisting of only one verbal element ‘GOGROW’
which does not have any meaning and, as such, is inherently distinctive.
Visually and aurally, the signs coincide in five out of six letters. They only differ in
their third letter, ‘L’ and ‘R’ respectively. From an aural point of view, this difference
may pass unnoticed as the speech rhythm and intonation remains the same for both
signs irrespective of the different pronunciation rules in different parts of the relevant