Benelux trademarks - similarity- A squirrel is not a beaver

Chalet Center sells gazebos and used a beaver character in its communications. In order to prevent abuse by third parties, she registered the brand logo as a trademark. There is a conflict when a former employee founds a competing company: Miscellaneous Wood. Miscellaneous Wood sells gazebos and used as a squirrel family  as their logo.

The court looks whether the marks are visually, aurally or conceptually similar to each other. Visually the logos are quite different. The beaver is a line drawing in black and white, the squirrel family includes colour.
Actually, the only visual similarity between the involved animals in the logos are large incisors and a large tail. Conceptually it is clear that both logos involve rodents. That is not enough, however, to constitute trademark infringement. The court rejects the claim.


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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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