Risk of confusion between “NORTH FACE” and “THE DOG FACE”
28 October 2022
Risk of confusion between “NORTH FACE” and “THE DOG FACE” due to the highly distinctive character of the earlier mark (OLG Frankfurt am Main, Beschl. v. 28.06.2022 – 6 W 32/22 – “THE NORTH FACE”/“THE DOG FACE”)
In principle, there is no high degree of similarity between the mark “THE NORTH FACE” and the contested sign “THE DOG FACE” that would result in a risk of confusion, especially since it can be assumed that the public will not confuse the signs due to the different meanings of the words “DOG” and “NORTH”. However, it must be taken into account that the earlier mark is known to a considerable extent and has a high degree of distinctiveness due to intensive use, such that the public will associate the contested sign with the earlier mark despite the recognisably different meaning of “DOG” on the one hand and “NORTH” on the other hand, such that a similarity of signs must be assumed, since it is sufficient that the public could believe that the goods in question come from the same or economically related companies.
Trade Mark group
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© Withers & Rogers LLP October 2022