‘SO…?’ and ‘S.O.’ confusingly similar, says EUIPO Fourth Board of Appeal

Can “SO…?” and “S.O.” be regarded as confusingly similar, even if the said marks are envisaged for different classes of the Nice Classification? IF SO, do they bear the same meaning within the EU?The EUIPO Fourth Board of Appeal recently answered this in the affirmative in a decision handed down a few days ago.BackgroundIn January 2009, Debonair Trading Internacional (the Applicant) sought to register the following as an EU trade mark (EUTM):The application was for certain goods in Classes 14 (jewellery, costume jewellery, horological and chronometric instruments and watches) and 25 (clothing, footwear, headgear, T-shirts and caps) of the Nice Classification.In April 2009 s. Oliver Bernd Freirer GmbH & Co. KG (the Opponent) filed a notice of opposition on the basis of its earlier registered EUTM:This had been registered since 2001 for certain goods in Class 25 (clothing for men and women, including woven and knitted clothing and clothing of…

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