In an interesting decision from October 2020, the EU General Court considered that there was no likelihood of confusion between the signs ‘Athlon Custom Sportswear’ and ‘DECATHLON’ pursuant to Article 8(1)(b) of Regulation 2017/1001 (the EU Trade Mark Regulation (EUTMR)). In particular, it reasoned that, where the elements of similarity between two signs result from a common weak distinctive component (‘ATHLON’ in this case), the impact of those elements on the global assessment of the likelihood of confusion is in itself low.

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