EUIPO has ruled out in the opposition No B 3 082 511 Nokia Corporation v Shenzhen Road Zhengtong Trading Co. Ltd.
The case at hand concerns an application for the following EU trademark for classes 9, 38, 42:
Against this application the Finnish company Nokia filed an opposition based on its early registered mark NOKIA in class 9.
The EUIPO dismissed the opposition. Phonetically both signs are similar to medium degree, visually to low degree and from conceptual point of view there are not similar at all.
Although both marks contain the string “O-K-I” and the final letter “A” their beginning is different “K” and “N”. This is important because consumers pay more attention on the beginning of trademarks.
Based on this and the fact that the applied for mark has a graphical representation, the EUIPO came to a conclusion that there was no danger for consumer confusion between both signs.
The stated enhanced distinctiveness and reputation of the Nokia brand were not been examined by the Office because the signs were not been similar enough.