“Apple Logo”
摘要
Due to the identicality of (strong) similarity of opposing marks, a strict standard must be applied to the similarity of the signs when assessing the likelihood of confusion. Ultimately, however, an overall approach applies to the likelihood of confusion even where there is a high degree of distinctiveness. The established distinctiveness generally reduces the requirements for the distance between signs. It must be examined whether this leads to a risk of a possible misinterpretation by the relevant public or whether the distance between the signs is sufficient to exclude a likelihood of confusion. The likelihood of confusion based on a matching motif is only denied in exceptional cases. For this, however, there must be a graphic similarity that remains in the memory in order for the contested mark to be perceived as a simplified version of the earlier mark.