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

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

The latest round of promotions has contributed to a 21% rise in partner headcount in the past two years, with business leaders eyeing litigation and the UPC
João Negrão, EUIPO executive director, is joined by a seasoned official to reflect on three decades of stories
Sim & San, which secured the $16m victory for their client, previously led Communications Components Antenna to a $26m damages win in 2024
IP litigator Ruth Hoy has led the London office since 2022
Emotional Perception AI is seeking more than £200,000 after the UK Supreme Court backed its appeal
Lawyers at Pinsent Masons discuss why the advent of ‘AI-free’ might be a crucial moment for brands seeking to protect their identity
Newly independent King & Wood has established offices in North America, while Mallesons has entered a ‘new era’ with a 1,200-lawyer firm across Australia and Singapore
Ryan Dykal and John Wittenzellner of Boies Schiller Flexner tell Managing IP what’s driving the firm’s patent litigation expansion
News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
Gift this article