1. Anulare marcă, acțiune în contrafacere. Criterii de apreciere a similarității semnelor, potrivit jurisprudenței CJUE
1. Annulment of trademark, action for counterfeiting. Assessment criteria of the similarity of signs, according to the case-law of the CJEU

Summary/Abstract: The descriptive elements or those of low distinctive nature of a complex trademark generally have a less weight within the analysis of the similarity amongst signs than the elements of a more significant distinctive nature, having a greater capacity to dominate the overall impression produced by this trademark (in the sense that the distinctiveness of an element of a complex trademark is related to its capacity to dominate the overall impression (see, for example, the ordinance in Case C 235/05 L’Oréal, item 43). Under the circumstances in which, on the one hand, the „pellets” element presents any descriptive indications, however, without going unnoticed, and, on the other hand, the word „Woody” presents strong descriptive indications, as it is fanciful, it appears that, in conceptual terms, the addition of the “pellets” elements does not change the semantic content imprinted by the meaning of the „Woody” word and enhanced by the other figurative elements. The consumer shall consider that it’s about the known product marked „Woody”.

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