Benelux Court of Justice re-confirms dissimilarity in signs despite identical word elements

We, Office Freylinger SA have been delighted to assist our client, ACCESSIT SARL in the opposition proceedings in relation to their trademark against .

We are very happy to announce that the Benelux Court of Justice rendered its decision in our client’s favour by following our submitted observations emphasising that despite the similarities between both signs regarding the descriptive verbal element “LUXAUTO, the signs differ in many aspects including the typeface used, the choice of colours, the designs, the number, position and size of the graphic elements.

The Court confirms the BOIP’sopposition decision that these different elements are more decisive for the overall appreciation of the sign of the trademark than the common descriptive word element and thus no likelihood of confusion could be determined. 

The decision of the Benelux Court of Justice can be accessed in full here.