The opponent, represented by the team of IP Consulting, filed an opposition against all the goods of European Union trade mark application (figurative)
The opposition is based on international trade mark registration (figurative), designating Croatia and Romania.
The opponent invoked Article 8 (1) (b) EUTMR – LIKELIHOOD OF CONFUSION. The relevant territory is Croatia.
– The goods – The goods on which the opposition is based and the contested trade mark are both in Class 32. Therefore, they are identical.
– Relevant public – the goods found to be identical, namely in Class 32, are in a category of often bought products. This predisposes a large public of consumers due to that fact. So, the attention upon purchase of such goods is considered to be average.
– The signs – both trademarks are figurative and composed of the highly similar word element. The word “VIVA” does not exist in Croatian language. It is likely that the majority of the relevant public sees it as meaningless. But even if consumers connect the word to one of its explanations (for example, coming from Italian “viva” means “live”), it has a degree of distinctiveness in respect to the goods at issue, which are identical.
The letter “W” does not exist in the Croatian alphabet. To some extent it is present to the foreign words, “W” is pronounced as the sound “v”. Therefore, even though “VIWA” is not visually absolutely identical to “VIVA”, it is not excluded that it creates the same connotations as “VIVA” for part of the consumers.
Actually, both signs coincide in the definitely eye-catching word element – VI V/W A.
Ultimately, the opposition is well founded on the basis of the opponent’s international trade mark registration, designating the territory of Croatia. The contested trade mark must be rejected for all the contested goods.