Case R 964/2020-4, EUROMADI IBERICA, S.A./ Zorka Gerdzhikova

Court

Grand Board of Appeal of the European Union Intellectual Property Office

Our Position

A rigid approach of (dis)similarity between goods in Class 32 and goods in Class 33 may no longer be consistent with the current market practice and the perception of the relevant public. The examination of the similarity between goods in those two classes should take into account the relevant factors, such as the goods’ nature, intended purpose, method of use, competitive or complementary character, and distribution channels, but also the current market practice and consumer habits with respect to the goods. Similarity should not be ruled out simply because of the assumption that alcoholic beverages are generally dissimilar from non-alcoholic beverages.

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