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

Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
After Matthew McConaughey registered trademarks to protect his voice and likeness against AI use, lawyers at Skadden explore the options available for celebrities keen to protect their image
The Via members, represented by Licks Attorneys, target the Chinese company and three local outfits, adding to Brazil’s emergence as a key SEP litigation venue
The firm, which has revealed profits of £990,837, claims it is the disruptive force in the IP-legal industry
In the first of a two-parter, lawyers at Santarelli analyse the patentability of therapeutic inventions where publication of clinical trial protocols occurs before the application's filing date
Arun Hill at Clarivate assesses the Top 100 Global Innovators 2026 list, including why AI has assumed a strategic importance for innovation
Practitioners and law firms should keep their eyes peeled for the shortlists for our annual awards
Despite a broader slowdown in US IP partner hiring in 2025, litigation demand drove aggressive lateral expansion at select firms
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
Gift this article