OMV PETROM S.A., Romania filed an appeal against decision for rejection of opposition against the registration of trademark № 137260 DMV PETROL, combined. The appelant considers the contested decision unlawful. Proprietor of the contested trademark is DMV Petrol Ltd., represented by the team of IP Consulting.
OMV PETROM S.A. based its action on earlier European trademark № 013300116 OMV Petrom, combined.
It is clear from the depiction of the signs that a dominant element in their composition cannot be specified. The analysis of the trademarks should be made on the basis of their distinguishing elements.
Usually, the word element of the combined trademarks has a greater impact on the user than the figurative component. This is due to the fact that users are reluctant to analyze the signs. It is easier to name the trademarks by their word elements than by describing their figurative elements.
Despite the coincidence in the number of letters of the word elements, if considered in their entirety, the presence of different figurative elements and different color presentation, as well as the differences in the graphic layout of the signs, lead to different visual impact.
A comparison of the goods and services of the conflicting trademarks indicates that there is only a partial identity and similarity between them.
Overall assessment of the likelihood of consumer confusion
It is a well-established European and national practice that, given the identity and similarity of the opposing goods and services, the signs need to be sufficiently different from each other in order to exclude the likelihood of consumer confusion. When analysing the trademarks as a whole, they cannot be regarded as similar. There is therefore no likelihood of consumer confusion.
After considering all the circumstances of the trademark dispute, the commission upholds the decision to reject the opposition against the registration of trademark № 137260 DMV PETROL, combined.