Home / Similarity between the goods and services


In VOLKSWAGEN AG vs. OHIM (January 26, 2006), The European Court of First Instance regarded the above products and services as similar for the sole and unique reason that such services were provided by the same companies that trade motor vehicles. The justification is in our view more surprising than the solution itself. Firstly, the…

Read more

Large similarity for unspecified Retail sale services

On September 24, 2008, the European Court of First Instance ruled that “retail and wholesale services, including on-line retail store services” could relate to all goods. The Court thus retained a similarity with “clothing, headwear, footwear, athletic bags, backpacks and knapsacks wallets” of the earlier mark. This establishes the scope of protection of retail sale…

Read more

Computer softwares” similar to «telecommunications”

The same day, the OHIM ruled the terms “telecommunications” and “computer software for online, interactive, CD-Rom and multimedia use” as similar. The argumentation is proper to have this similarity applied without need of online and interactive features of computer software.   Based on today’s provision of software by telecommunications services contracted, the Office broadly considered…

Read more