B9 11679. Gerecht EU, 26 september 2012, zaak T-301/09, IG Communications tegen OHIM/ Citigroup en Citibank (CITIGATE).
Merkenrecht. Seriemerken. EU-oppositieprocedure o.g.v. diverse oudere merken Citi, Citicorp, Citigroup, Citibond, Citiequity, Citigarant, Citibank, Citicard, The Citi Never Sleeps (financiële diensten). Het OHIM wees de oppositie eerder toe en het Gerecht volgt die beslising. “Widespread use” dan wel gewoon gebruik van de diverse merken in een significant deel van de EU is aangetoond, waardoor aangenomen kan worden dat sprake is van een seriemerk, “a family of CITI trade marks.”
87/88. In the present case, as was established in connection with the first plea, there is a family of CITI trade marks. The question thus arises as to whether the mark applied for is similar to the marks belonging to that family of trade marks and is capable of being associated with that family It must be borne in mind that, as established at paragraph 79 above, the signs at issue are visually and aurally similar to at least an average degree and conceptually highly similar. In the circumstances, it is the fact that the marks at issue are conceptually highly similar that is decisive for the purpose of determining whether there is a likelihood of confusion.
89/90. It is highly likely that the average consumer encountering the trade mark applied for, CITIGATE, whose structure is very similar to that of the earlier marks – that is, consisting of the element ‘citi’, with its unusual spelling, to which is attached a second element, being in this case ‘gate’, the meaning of which is clear – will think that it is a new mark belonging to the CITI family of trade marks. Consequently, it must be found, as regards the identical or similar goods and services referred to in paragraph 60 above, that there is a likelihood of confusion.
Lees het arrest hier.
