Judgment_paragraph 83 · Industria de Diseño Textil (Inditex), SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-292/08)

83As regards conceptual comparison, it must be held that the Board of Appeal was entitled to observe that the average Spanish-speaking consumer would not necessarily attribute a semantic content to the English word ‘often’, a word which does not exist in Spanish (see, to that effect, the judgment of 25 June 2008 in Case T-36/07 Zipcar v OHIM – Canary Islands Car (ZIPCAR), not published in the ECR, paragraph 45). As OHIM observes, in the case of an average consumer, knowledge of a foreign language cannot in general be assumed. Concerning the sign OLTEN, the applicant itself admits that it refers to a Swiss locality known, at most, by professionals in the watchmaking sector.

Industria de Diseño Textil (Inditex), SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-292/08)

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