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_79@2026-11-13

79Regarding a phonetic comparison of the signs in question, the fact that the number of syllables is different is not sufficient to conclude that there is no phonetic similarity (Case T-131/09 Farmeco v OHIM - Allergan (BOTUMAX) [2010] not published in the ECR, paragraph 39, and the case-law cited). In the present case, the first two syllables of the signs are identical and are pronounced in the same way. It is true that the tonic stress falls on the third syllable in PEPEQUILLO and on the first in the earlier signs, but that is not sufficient to conclude that there is no phonetic similarity at all.

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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