PJ Hungary Szolgáltató kft (PJ Hungary kft) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-580/08)

Judgment of 19 May 2011

law://eu/cjeu/2008/t-580-08/para_77@2026-11-13

77It must be observed that the word ‘pepe’ appears at the beginning of the sign PEPEQUILLO. Furthermore, although PEPEQUILLO differs from the earlier sign PEPE because of the last two syllables, which are longer than the first two, and from all the earlier signs by reason of the fact that it is a relatively long word, whereas the other earlier signs are generally short words, like PEPE, or two words, like PEPE JEANS, it must nevertheless be noted that that is not decisive enough to exclude any visual similarity because, according to the settled case-law, the consumer generally pays greater attention to the beginning of a mark than to the end (Case T-133/05 Meric v OHIM - Arbora and Ausonia (PAM-PIM’S BABY-PROP [2006] ECR II-2737, paragraph 51, and Case T-109/07 L’Oréal v OHIM - Spa Monopole (SPA THERAPY) [2009] II-675, paragraph 30). Moreover, among the earlier signs, PEPECO consists of the word ‘pepe’ to which is attached the suffix ‘co’, which gives it a structure similar to that of PEPEQUILLO. Therefore the visual impression left by the mark applied for is similar to that left by the earlier marks.

PJ Hungary Szolgáltató kft (PJ Hungary kft) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-580/08)

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