As a result of an opposition filed by OMV AKTIENGESELLSCHAFT, the Bulgarian Patent Office issued a decision for complete refusal for trade mark registration of application № 137260 DMV PETROL, combined. Proprietor of the processed trade mark is G S Commerce Ltd., represented by the team of IP Consulting.
IP Consulting timely filed an appeal against the decision of BPO.
According to art. 12, par. 1, p. 2 of the Law on Trademarks and Geographical Indications, a trademark shall not be registered:
– if it is identical or similar to an earlier trademark,
– if the goods or services of the trademarks are identical or similar,
– when there is a likelihood of consumer confusion involving the possibility of association with the earlier trademark.
It is clear from the depiction of the signs that a dominant element in their composition cannot be distinguished. The analysis of the trade marks should be made based their distinctive elements.
Signs compared contain three-letter symbols – DMV and OMV, presented with massive letters, of which the last two are identical. In visual perception of the signs, a difference exists in the initial sounds “d” and “o”. In addition to its word element, the process trade mark also affects through its graphic representation. There is specific colour layout as well as a figurative element. It is not devoid of distinctiveness. The attacked sign also contains a word element – PETROL, although it is indistinguishable in the way of graphical representation.
The differences in the graphic layout of the signs and the different first letter of the short word elements determine different visual effects.
Furthermore, from a phonetic point of view, in the overall pronunciation, the trade marks will be interpreted by Bulgarian consumers as “di-em-vi”, respectively “o-em-vi”. Hence, the signs are characterized by a different first sound.
Given the above findings, there is no likelihood of consumer confusion due to the lack of similarity between the signs.
The appeal filed by IP Consulting against the decision for a complete refusal for registration of trade mark application № 137260 DMV PETROL is well founded. The contested decision must be cancelled.
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