Greece: Ruling on ladybird trademarks helps clarify notion of conceptual identity

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greece: Ruling on ladybird trademarks helps clarify notion of conceptual identity

Sponsored by

patrinos-logo.png
windows

Evangelia Sioumala of Patrinos & Kilimiris looks at a recent judgment from the Athens Administrative Court of First Instance that compared conceptually and visually similar images

In a recent case brought before the Athens Administrative Court of First Instance, it was considered whether there is a likelihood of confusion between purely figurative trademarks showing conceptual identity. 

In particular, the contested trademark consisted of an image of a ladybird in a cartoon-like illustration – facing left – filed to cover goods and services in classes 3, 28 and 41 (Figure 1). 

ladybird

On the other hand, the earlier trademark, on which the opposition was based, also consisted of a cartoon-like illustration of a ladybird illustrated – as seen from above – that was registered to cover goods and services in classes 28 and 41 (Figure 2). 

figure 2

In its judgment, the court considered the trademarks to be conceptually and visually similar. In particular, the court considered the illustration of the ladybird in the contested trademark to be highly similar to the one of the earlier mark, as the contested trademark was only differentiated in insignificant elements, namely the number of legs and spots, size of the ladybird and the respective orientation. 

Furthermore, the court ruled that the respective goods and services in classes 28 and 41 were identical and given the fact that the average consumer’s degree of attention regarding these goods and services is low, confusion is highly probable to occur. On the other hand, regarding goods in class 3 covered under the contested trademark, it was held that there was no likelihood of confusion, on the finding that the owner of the earlier mark is not active in the specific field of business. 

In view of the above, it is clear that conceptual identity was decisive in the above mentioned ruling, whereas some differentiations in the figurative elements per se of the trademarks under comparison, were found to play no important role as regards the evaluation of the likelihood of confusion, taking into consideration that the goods and services at issue were identical and refer to a market, where the average consumer’s degree of attention is low. 

The ruling is in line with EU case law, according to which in order for likelihood of confusion to be assessed, the interdependence of all factors relevant to the circumstances of the case should be taken into account. 

 

Evangelia Sioumala

Associate, Patrinos & Kilimiris

E: esioumala@patrinoskilimiris.com

 

more from across site and SHARED ros bottom lb

More from across our site

Tuesday's coverage includes BD tips for aspiring partners, and a foray into the world of SEPs
Exclusive data reveals law firms are failing to go above and beyond for their corporate clients, with in-house counsel saying advisers should consider more transparent billing processes
Arty Rajendra and Gary Moss discuss why ‘thorough and intense’ preparation, plus the odd glass of wine, led to a record FRAND victory for their client
Monday’s coverage includes news of a potentially 'game-changing' trademark development in China and how practitioners are using AI
Managing IP gives a taster of the numbers behind this year’s IP STARS trademark rankings, and looks back at our 2025 award winners
Updates from IP offices, the shifting requirements of in-house counsel, and news of London 2026 were among major talking points on Sunday
Etienne Sanz de Acedo discusses the association’s three-year plan, what he is looking forward to in San Diego, and why London came calling for 2026
Professionals from three organisations reveal what led them to sponsor Brand Action and why doing so can build camaraderie
The results of a UK government consultation on the exhaustion of IP rights and an annual review published by the EPO’s Boards of Appeal were also among the top talking points this week
The decision disregards Perlmutter’s work at the US Copyright Office and comes at a time when strong leadership and expertise are crucial
Gift this article