The General Court of the EU ruled in Case T-13/15; Deutsche Post AG v EUIPO. The case at hand concerns an attempt for registration of an EU trademark PostModern for Class 39 – for various transport and postal services.
Against this mark was filed an opposition based on earlier German trademarks POST and Deutsche Post for Class 39 too.
The EUIPO opposition division initially upheld the opposition but after that, the Board of ѝppeal annulled this decision. The reasons behind this reversal were that the signs have a low level of similarity. Moreover, they share the Post part which has a low distinctiveness for the services at hand.
The later mark PostModern has a different conceptional meaning which is an additional argument for the lack of similarity between the signs especially in the case of Deutsche post which has completely different meaning.
Taking into account the visual and phonetic differences between the marks, The Board of Appeal dismissed the opposition in its entirety.