The General court ruled in Case T-210/14, Mederer GmbH v OHIM. The case concerns an attempt for registration of the following European trademark for Class 30:
Against this mark was filed an opposition based on the following earlier Spanish mark in Class 30:
OHIM upheld the opposition. The relevant territory is Spain and the goods in Class 30 concern the average consumers. The goods themselves are identical.
As for the signs, the similarity between them is arising from the present of the words GUMMI and GUMMY which are very closed to each other phonetically and visually.
The earlier mark GUMMY is quite distinctive on the territory of Spain without specific meaning. The other elements in the later mark could be perceived as some kind of indication for the offered goods.
In the light of the above, OHIM considers the both signs similar. The General court upheld that decision.
Source: Marques Class 46.