Does not have any meaning

GvEA, 11 November 2009, T-162/08, Frag Comercio Internacional, SL tegen OHIM / Tinkerbell Modas LTDA

Gemeenschapsmerk. Oppositieprocedure tegen aanvraag Gemeenschapsbeeldmerk ‘GREEN by missako’o.g.v. oudere nationale en Gemeenschapsbeeldmerken  MI SA KO (kleding). Oppositie afgewezen. Geen gevaar voor verwarring.

50. In the fourth place, conceptually, the Court finds that the word ‘misako’ does not have any meaning in any of the languages of the European Union. In respect of the mark applied for, the English word ‘green’ denotes a colour but is also used in the field of ecology and golf. The word ‘by’ is commonly used in trade, particularly in the fashion industry, to indicate the origin of goods. Assuming that they are read as a whole, the words ‘green by missako’ will thus be understood as ‘green’ from ‘missako’. The Board of Appeal was therefore right in finding, in paragraph 29 of the contested decision, that no conceptual comparison could be made between the signs at issue.

51. It follows that the Board of Appeal did not err in holding that there was no similarity between the signs resulting from the overall impression conveyed by them, particularly on account of the near illegibility of ‘by missako’.

52. In those circumstances, the Court finds that, even though some of the goods covered by the marks at issue are identical or similar, the visual, phonetic and conceptual differences between the signs are sufficient grounds for finding that there is no likelihood of confusion in the perception on the part of the relevant public.

Lees het arrest hier.