Trademark Similarity: How Messi Won the Battle Against MASSI

Do you know what should be considered when assessing trade marks similarity? 🤔💡

It is visual 👀, phonetic 🗣️ as well as conceptual 🧠 similarity!

Despite the fact that the marks are visually and phonetically similar, as in the case of the dispute between the marks ‘MASSI’ and ‘MESSI’, conceptual differences may overcome the danger of relevant consumer confusion. 🔄

Moreover, as the Court of Justice (CJEU) pointed out in this dispute, a factor in determining the existence of a conceptual difference between similar trade marks may be the popularity of the mark or of the person with whose name or surname, the mark is identified. 🌟📈

Thanks to such an interpretation, Lionel Messi was able to register his trademark ‘MESSI’, despite the opposition of the holder of the trade mark ‘MASSI’! ⚽🏆