The opponent filed an opposition against some of the goods and services of European Union trade mark application for the figurative trade mark
The above-mentioned contested trade mark is represented by the team of IP Consulting.
The opponent invoked Article 8(1)(b) EUTMR on the basis of French trade mark registration for the figurative trade mark and also on French trade mark registration for the word mark “PICOT”.
The relevant territory is France.
Let us focus on the meaning of the trade marks in dispute:
I. PICOT /ˈpiːkəʊ/
- a small loop or series of small loops of twisted thread in lace or embroidery, typically decorating the border of a fabric.
Taking into account the goods concerned and also the meaning of the term “picot”, a significant part of the relevant public is unlikely to perceive it in this meaning.
II. According to the verbal element “P.I.C.” – “pic” is a French word with meaning “peak”. So, this element of the contested sign is unlikely to convey its exact meaning.
Regarding the figurative element of the contested sign, it will be perceived as a decorative label and therefore this predisposes a weak distinctiveness.
The Opposition Division of EUIPO considers that the relevant public will be able to plainly distinguish the trade marks in dispute. The consumers will perceive them as coming from different undertakings. Therefore, if there is no likelihood of confusion between the earlier rights and the contested sign, the opposition must be rejected.