european patent attorneyPrivatelabel World Ltd, filed an opposition before EUIPO against LVMH Fragrance Brands and its International registration No 1 420 909. The opponent is represented by the team of IP Consulting Ltd. The opposition is based on European trade mark registration No 16 980 931 (figurative trade mark).

The goods

The contested make-up products particularly lipsticks, lip gloss and nail polish are included in the broad category of the opponent’s cosmetics. Therefore, they are identical.

The goods found to be identical are directed at the public at large. The degree of attention is average.

The signs

European trade mark

The signs are visually and aurally similar to an average degree and conceptually highly similar, to the extent that they have the sequence of letters ‘ROSE PERFECT’ in common, albeit with different endings and a word/an article preceding this sequence.

Indeed, it is highly conceivable that the relevant consumer will perceive the contested mark as a sub-brand, a variation of the earlier European trade mark, configured in a different way according to the type of goods that it designates (23/10/2002, T-104/01, Fifties, EU:T:2002:262, § 49).

There is a likelihood of confusion on the part of the English-speaking part of the public. A likelihood of confusion for only part of the relevant public of the European Union is sufficient to reject the contested application.

Considering the above, the opposition filed by IP Consulting Ltd. on the basis of the opponent’s European trade mark registration No 16 980 931 is well founded. It follows that the contested trade mark must be rejected for all the contested goods.

According to the decision of EUIPO opposition division: „International registration No 1 420 909 is entirely refused protection in respect of the European Union.“ The decision also states that the holder of the contested trade mark bears the relevant costs.

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