Representing its client Revuele Ltd., IP Consulting filed an opposition against all the goods of European Union trade mark application No 15 183 403. The opposition is based on, inter alia, international trade mark registration No 1 119 310 designating Bulgaria.
Likelihood of confusion
The contested goods are various cosmetics and cosmetic preparations used on the skin and body, as well as for the purposes of scalp health and hair beauty. As such these goods identically contain or overlap with the earlier mark’s cosmetics. Therefore, they are identical.
The goods found to be identical are directed at the public at large, as well as at professionals to the extent that they are involved in the beauty care industry. The degree of attention is average.
The relevant territory is Bulgaria.
The signs are visually and aurally similar to an average degree, this on account of their coinciding verbal element ‘VELVET’, which constitutes the sole and distinctive verbal element of the earlier mark and the dominant verbal element of the contested sign.The differing expression in the contested sign remains in a secondary position and as such will have less impact on the overall perception of the sign. Likewise, the figurative element introducing a concept may be paid less attention than the verbal element ‘VELVET’, which will be in any case seen as the badge of origin of the goods in question.
It cannot be excluded that the additional verbal and figurative elements of the contested sign may be seen by consumers as modification of the already existing mark or launching a new commercially related mark as response to the diversity and dynamics of the cosmetics market. In that sense, the Opposition Division cannot deny that the coincidences between the signs are likely to bring consumers into confusion about the origin of the said goods.
Considering all the above, there is a likelihood of confusion on the part of the public. Therefore, the opposition is well founded on the basis of the opponent’s international trade mark registration No 1 119 310 designating Bulgaria.
It follows that the contested trade mark must be rejected for all the contested goods.
According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. Since the applicant is the losing party, it must bear the opposition fee as well as the costs incurred by the opponent in the course of these proceedings.