B9 10101. Gerecht EU, 8 september 2011, zaak T-525/09, MIP Metro Group IP GmbH & Co tegen OHIM / Metronia SA.
Merkenrecht. Heropende zaak na Gerecht EU 10 december 2008, T-290/07. Oppositieprocedure o.g.v. nationale beeldmerk "METRO" tegen de inschrijving van het beeldmerk "METRONIA" (computergames, entertainment). Het Gerecht vernietigde eerder de beslissing van het OHIM, aangezien het OHIM ten onrechte had gesteld dat er in het geheel geen overeenstemming was tussen de tekens. In het onderhavige arrest wijst het Gerecht met het OHIM de oppositie af. De overeenstemming tussen de merken is onvoldoende om verwarringsgevaar aannemelijk te maken, zeker gezien het aandachtsniveau van de consument.
45. Moreover, even though there is a certain aural similarity between the signs at issue, it must be noted that that similarity is not very strong, having regard to the fact that the mark applied for contains an extra syllable. Therefore, the degree of aural similarity between the signs at issue is compensated for by the lack of visual similarity between them.
46. In relation, secondly, to amusement arcade furniture in Class 20 and games in Class 28, the same conclusion applies. Even if, as the applicant claims, the mark does not appear on the furniture itself or on the games, it cannot be claimed that such goods are acquired after a simple verbal recommendation and without taking account of information appearing in brochures or written documentation upon which the marks in question appear, and therefore, in any event, following a visual comparison of the various goods including, at that stage, a visual comparison of the marks at issue.
47. In relation, thirdly, to the services in Class 41, they are acquired, as the Board of Appeal rightly noted at paragraph 26 of the contested decision, either in a shop or online, such that the choice of the service in question will be made following a comparative analysis between several offers. In that regard, it must be stated, like the goods at issue, such services are relatively expensive, such that they are acquired after reflection and comparison of the various offers. It must be therefore held that, in the context of various offers, the different marks will be presented to the consumer so that they can make an informed choice.
Lees het arrest hier.
