Decision on Opposition No B 2 819 210 page: 2 of 7
LIKELIHOOD OF CONFUSION — ARTICLE 8(1)(b) EUTMR
A likelihood of confusion exists if there is a risk that the public might believe that the
goods or services in question, under the assumption that they bear the marks in
question, come from the same undertaking or, as the case may be, from
economically linked undertakings. Whether a likelihood of confusion exists depends
on the appreciation in a global assessment of several factors, which are
interdependent. These factors include the similarity of the signs, the similarity of the
goods and services, the distinctiveness of the earlier mark, the distinctive and
dominant elements of the conflicting signs, and the relevant public.
a) The goods
The goods on which the opposition is based are the following:
Class 18: Leather and imitations of leather, and goods made of these materials
and not included in other classes; Animal skins, hides; Trunks and
travelling bags, bags, handbags, pocket wallets, purses, key cases,
rucksacks, bags; Umbrellas, parasols, and walking sticks; Whips,
harness and saddlery.
Class 25: Clothing, footwear, headgear.
Class 35: Advertising; Business management; Business administration; Office
functions; Retail services, including via websites and teleshopping, in
relation to clothing, footwear, headgear, bleaching preparations and
other substances for laundry use, cleaning, polishing, scouring and
abrasive preparations, soaps, perfumery, essential oils, cosmetics,
hair lotions, dentifrices, sunglasses, precious metals and their alloys
and goods in precious metals or coated therewith, jewellery, precious
stones, horological and chronometric instruments, leather and
imitations of leather, and goods made of these materials, animal skins,
hides, trunks and travelling bags, bags, handbags, wallets, purses,
key cases, rucksacks, pouches, umbrellas, parasols and walking
sticks, whips, harness and saddlery; Arranging and conducting of
advertising events and customer loyalty programmes.
The contested goods are the following:
Class 18: Backpacks; Shopping bags; Wheeled shopping bags; Bags; Travelling
bags; Briefcases; Handbags; Valises; Bags for sports; Randsels
[Japanese school satchels]; Cases of leather or leatherboard;
Luggage tags; Tool bags, empty; School bags; Pocket wallets.
Class 21: Porcelain ware; Pottery; Works of art of porcelain, ceramic,
earthenware or glass; Crystal [glassware]; Tea services [tableware];
Perfume burners; Toilet cases; Candlesticks; Glass bowls; Utensils for
household purposes; Glasses [receptacles]; Fitted vanity cases; Toilet
paper holders; Kitchen utensils; Stretchers for clothing.
Class 28: Apparatus for games; Toys; Playing cards; Playing balls; Body-
building apparatus; Machines for physical exercises; Roller skates;
Fishing tackle; Protective paddings [parts of sports suits]; Hunting