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Procter & Gamble’s OLAY no likelihood of confusion with OLI

In this decision the Court of First Instance had to decide the case of the Spanish company Laboratorios Alcala Farma who had filed an application for a Community trade mark in regards to the figurative sign “Oli” for the Nice Classes 3 and 5.

Procter & Gamble had filed an opposition claiming infringement of their earlier “OLAY” Community word marks (Nice Classes 3 and 5) because of a likelihood of confusion.

The court dismissed Procter & Gamble’s action. In essence because “…the signs at issue have significant differences at a visual and aural level which override the similarities…” in parts because of the figurative, highly stylised appearance of the “Oli” sign. But also the difference in pronunciation was highlighted by the court.

Finally the court emphasises that in regards to medical goods there was no likelihood of confusion as consumers display a higher level of attention when purchasing such goods.

No real groundbreaking new legal developments here.

(European Court of First Instance T‑240/08, 8 Jul 2009)

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