The General Court ruled in cases Cases T-565/15 and T-566/15, which concern an attempt for registration of a word mark MERLIN’S KINDERWELT and a figurative mark
for Class 41 “education and providing of training, entertainment and amusement games, sporting and cultural activities, providing children’s playgrounds and amusement parks, theatre productions, providing information on entertainment and education, entertainment or education club services, publication of books and text, other than publicity texts, correspondence courses, arranging and conducting conferences and seminars, organisation of exhibitions for cultural or educational purposes, organisation of shows, organisation of games and competitions (education or entertainment)“.
Against these marks an opposition was filed by the Italian company Ferrero based on earlier Italian trademarks KINDER for Classes 30 and 41.
In contrast with the Board of Appeal of EUIPO, the court considers the words MERLIN’S and KINDERWELT as non-descriptive and signs owing an average degree of distinctiveness. The main reason for that conclusion is that the relevant public in Italy will not perceive their meaning which is created through their connection in one phrase.
In addition to that, according to the court, there are no dominant element in the later marks which as a whole are visually and phonetically dissimilar. Moreover there is no conceptional similarity due to the lack of meaning for the relevant public.
Source: Marquess Class 46.