Plaintiff: Tesco Stores Limited
Defendant: LCN Apparel, Inc.
Case no.: R 1057/2006-1
Jurisdiction: European Union
Industry: Retail
Decision date: 31 May, 2007
The figurative elements of the earlier mark do not have a very strong impact on the overall perception of that mark as they are of decorative character only. The word ‘TESCO is the dominant element of that mark. The marks share four letters placed in the same order. The sign of the CTM application, ‘ESCO, is entirely incorporated in the earlier mark. The only difference between the marks is the letter ‘T at the beginning of the earlier mark and the figurative elements of that mark. Overall, there is some visual similarity between the marks. Phonetically, the marks only difference is ‘T. Contrary to the applicants submissions the sound of ‘T, placed before a vowel, is not particularly audible. Overall, the marks are very similar phonetically. Given the identity of the goods, a lesser degree of the similarity between the marks is sufficient in order to establish the existence of the likelihood of confusion. Such similarity between the conflicting marks exists here and, consequently, there is a likelihood of confusion. The appeal is dismissed.
TESCO
ESCO
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