ECOVIE and ECOVER: General Court finds likelihood of confusion
In a recent decision, the General Court overturned the EUIPO Board of Appeal’s finding in an opposition between the EU figurative mark shown below and the earlier ECOVER marks, which are known for their use on eco-friendly cleaning products. The opposition was based on a likelihood of confusion under Article 8(1)(b) EUTMR, with both marks covering identical or highly similar goods: ECOVIE for soap dispensers and similar goods in class 21, and ECOVER for cleaning products in class 3.
While the Board of Appeal found no likelihood of confusion, citing the non-distinctiveness of the shared prefix “ECO” and low visual, phonetic and conceptual similarity between the signs, the General Court disagreed. The General Court clarified that the assessment must be made from the perspective of the relevant public displaying the lowest level of attention, typically the average consumer.
In its comparison of the signs, the court held that ECOVIE and ECOVER were visually similar to an average degree, emphasising their shared prefix and the fact that both include the letter “v” in the same position and end with “e”-containing suffixes (-vie /-ver). Contrary to the Board of Appeal’s findings, the General Court found that these similarities could not be discounted based solely on the descriptiveness of “eco”.
The General Court confirmed that the earlier ECOVER mark had at least average inherent distinctiveness, enhanced by the “VER” element, which formed a significant part of the mark.
Ultimately, the General Court ruled that the Board of Appeal had erred in its global assessment. Considering the identity of the goods, average distinctiveness of the earlier mark, and average degree of visual and phonetic similarity, the General Court concluded there was a likelihood of confusion, offering valuable guidance on the nuanced evaluation of overlapping yet partially descriptive marks.
Case details at a glance
Citation: T‑281/24,
Date: 05 March 2025
Decision: dycip.com/t28124-ecovie-ecover
