D sought to register French trade mark ‘Picaro’ in relation to vehicles; C, estate of Pablo Picasso, sought to block registration, on grounds that earlier TM ‘Picasso’ already existed in respect of vehicles – and that thus marks and goods were similar, and would cause confusion amongst relevant public. Held:
· See notes.
· Is true that members of public viewing D’s mark post-purchase would pay far less attention to it than purchaser (and therefore be likely to be confused)
Ø However this does not mean there is confusion
Facts
· Relative ground of refusal rejected
· Two reasons:
1) Nature of goods means that consumer will inspect them closely before buying
- i.e. goods in question (cars) are highly technological
- thusaural/visual differences are less important
2) Conceptual differencesoutweigh aural and visual similarities between signs
- Picasso is well known painter, whereas Picaro has no meaning outside Spain
- Reputation of Picasso means consumers will inevitably think of him when looking car
