No Likelihood of Confusion Between Signs Featuring Geometric Shapes

No Likelihood of Confusion Between Signs Featuring Geometric Shapes

Journal article

1 electronic resource (page 459–463)

Extract Trade Mark Protection Act, Art. 3(1)(c); Act against Unfair Competition, Art. 9(1)(a) ‒ Burlington Headnotes by the Editorial Office 1. An increased distinctive character of an originally weak trade mark does not automatically result from any use, but requires an increased reputation achieved through intensive use. 2. To assess the likelihood of confusion, the signs are not to be broken down into their individual parts and considered in isolation. Instead, the decisive factor is the overall impression they leave in the memory of the addressee. 3. Based on the point of view of a somewhat more attentive relevant public and the conclusion of different overall impressions, there is no likelihood of confusion between signs featuring geometric shapes that come, in turn, close to the public domain. Federal Supreme Court (Bundesgericht), judgment of 26 March 2024 – 4A_540/2023 Facts: A. A.a. B.__ GmbH (plaintiff, respondent) is a limited liability company with registered office in Schmallenberg, Germany. Its object is the manufacture and sale of textiles of all kinds.

Crossref

GRUR International ; 74, 5, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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