Not confusedTravelling on your way to work in the morning can sometimes be a real struggle and, to enlighten the travel experience, spoiling oneself by purchasing a cup of coffee is not a bad idea.But can a wannabe coffee drinker look at coffee shops’ logos, and be confused and think that a circular figurative sign which depicts a musical note and contains the words ‘COFFEE ROCKS’ is similar or associated with the logo of Starbucks?This is substantially the issue that the EU General Court had to address in Starbucks Corp v EUIPO & Nersesyan, T-398/16.This recent decision concerns what is now Article 8(1) (b) of the EU Trade Mark Regulation (EUTMR). This provides that a mark should be refused on relative grounds if it is similar to the goods/services of an earlier mark, and there exists a likelihood of confusion on part of the public in the territory which the earlier mark is protected. Article 8(5) EUTMR adds that a trade mark can be refused…
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