Benelux Trademark opposition procedure; KEUKENCONCURRENT repels BADKAMERCONCURRENT

The KEUKENCONCURRENT (Dutch for kitchen competitor) has successfully opposed the registration of the logo of the BADKAMERCONCURRENT (Dutch for bathroom competitor).  

Both brands are a combination of a descriptive element   (kitchen and bathroom), followed by the element COMPETITOR.
The Benelux trademark authorities deemed that there may be (indirect) confusion.
The important consideration is that these are identical products / services. In addition, in both logos the element COMPETITOR is combined with a hand which catches the attention. The statement indicates that even descriptive marks and trade names may benefit from a trade mark registration.



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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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