The likelihood of confusion is a cornerstone of trademark law. Enshrined in Article 8(1)(b) of Regulation (EU) No. 2017/1001 , it serves as one of the main grounds for opposition proceedings before the EUIPO. Its purpose is twofold: to protect trademark holders against unlawful appropriation of their rights and to safeguard consumers from deception. This risk of confusion arises when a trademark application is considered similar to an earlier mark, whether in its visual, phonetic, or conceptual characteristics, or in relation to the goods and services it designates. The assessment is holistic and depends on several criteria, including: the similarity of the goods and services, the degree of visual, phonetic, and conceptual similarity of the signs, and the level of attention of the relevant public. Where no similarity exists, opposition proceedings will be dismissed, and the contested trademark may proceed to registration. The Case: ALEGRA DE BERONIA vs. ALEGRO This principle was tested in a case decided by the General Court of the European Union on 4 May 2022 (Case T-298/21). In January 2019, a company applied to register the word mark “ ALEGRA DE BERONIA ” for wines in Class 33 . In response, Bodegas Carlos Serres opposed the application, relying on its earlier trademark “ ALEGRO ”, and invoked Article 8(1)(b) of the EUTMR. The opponent argued that the two marks shared the sequence of letters “ a-l-e-g-r”, creating visual, phonetic, and conceptual similarity. Combined with the identity of the goods (win es), this overlap, in its view, was sufficient to mislead the Spanish public and justify refusal of the later application. The EUIPO Opposition Division upheld the opposition, finding a likelihood of confusion, a decision later confirmed by the Board of Appeal . However, Bodegas Beronia challenged this ruling before the General Court. The General Court’s Judgment The General Court annulled the EUIPO’s decision , ruling that the differences between the two marks were sufficient to exclude any likelihood of confusion. The Court made several important observations: Structural differences matter : While the marks shared the sequence “ALEGR,” the addition of the distinctive element “ de Beronia ” altered the overall impression and allowed consumers to distinguish between the two. Sector-specific consumer habits : In the wine industry, trademarks often contain several verbal elements. Consumers are accustomed to distinguishing between nuanced differences, which reduces the risk of confusion. Overall impression prevails : The assessment must be made globally, considering not only common elements but also distinctive features that differentiate the marks. Key Takeaways This judgment reinforces established EU principles on the evaluation of likelihood of confusion: The analysis must always consider the overall impression conveyed by the marks, not just isolated similarities. Distinctive additions can be decisive in avoiding confusion, especially where consumers are attentive and used to encountering complex brand names (such as in the wine sector). A finding of similarity in certain elements is not sufficient on its own; the full context of the marks and the relevant public’s perception must guide the analysis. ✅ In short: The ALEGRA DE BERONIA case illustrates the importance of a nuanced, contextual assessment when evaluating likelihood of confusion. It is a reminder that even where two marks share common sequences of letters, additional distinctive elements and consumer perception in a given sector may tip the balance against confusion. Marco Mouchot, Trainee Lawyer Christine Chai, Managing Partner, Attorney-at-Law

Trademark law, a key pillar of intellectual property rights, protects distinctive signs and brand identifiers from unauthorized use. Under Article L713-1 of the French Intellectual Property Code, the owner of a registered trademark has the exclusive right to exploit it and decide whether to authorize third parties to reproduce or imitate it. Use of the mark without such authorization constitutes infringement. A recent ruling by the Paris Court of Appeal on October 16, 2024, offers a clear illustration of how the courts apply these principles — even to something as seemingly minor as a business card. In this case, the company SUD GESTION, owner of the trademarks A+ GLASS and A+ GLASS LE TRAVAIL BIEN FAIT, accused two companies, ALPHA GLASS and ALLO VITRAGE AUTO, of trademark infringement. According to SUD GESTION, the defendants used its trademarks on business cards distributed to potential customers, creating confusion and misleading the public into believing they were still part of the A+ GLASS franchise network — even though that business relationship had ended. The allegations were supported by multiple witness statements and a bailiff’s report confirming the distribution of business cards displaying the A+ GLASS logo. In its defence, ALLO VITRAGE AUTO argued that it had no fraudulent intent. The company claimed it had used the A+ GLASS trademark in good faith, believing it was part of the franchise after receiving contractual documents and undergoing training provided by SUD GESTION. It contended that it only learned later that the franchise agreement could not proceed due to conflicts with SUD GESTION. The Paris Court of Appeal rejected this defence, reaffirming a key principle: u nauthorized use of a sign identical or similar to a registered trademark constitutes infringement when there is a likelihood of confusion, regardless of the user’s intent . In short, bad faith or fraudulent intent is not required to establish trademark infringement under French law. The Court therefore prohibited ALPHA GLASS and ALLO VITRAGE AUTO from continuing to use the disputed trademarks and ordered them to pay damages jointly to SUD GESTION. This ruling serves as an important reminder: any unauthorized use of a sign that creates confusion with a registered trademark amounts to infringement, even when done in apparent good faith . It underscores the need for businesses to be vigilant about how they use third-party trademarks and reinforces the importance for trademark owners to actively monitor and protect their rights to safeguard their brand identity and market reputation. Marco Mouchot, Trainee Lawyer Christine Chai, Managing Partner, Attorney-at-Law