Peek & Cloppenburg and van Graaf GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-361/08)

Judgment of 21 Apr 2010

law://eu/cjeu/2008/t-361-08/para_63@2026-11-13

63In that regard it should be pointed out that conceptual similarity arises from the fact that two marks use images with analogous semantic content (SABEL, paragraph 48 above, paragraph 24). Thus, to the extent that it is considered that the relevant public might be led to discern peacocks in the signs at issue, those signs use images which concur in their conceptual content, in the sense that such images suggest or transmit to the relevant public an idea of the beauty or elegance of the goods concerned, qualities which are traditional attributes of the peacock.

Peek & Cloppenburg and van Graaf GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-361/08)

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