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IP, IT and Data Protection, Europe

When Overall Perception Speaks Louder Than Words: Conceptual Similarity

In the cosmetics sector, logos play a crucial role considering that consumers pay close attention to brand image, but they act quickly when buying products. Visual appearance often shapes purchasing decisions more than the verbal elements of a trademark. Decisions of Turkish Patent and Trademark Office (“the Office”) accepting the similarity between the trademarks discussed below provide a compelling case study of how overall perception and conceptual similarity between the trademarks prevail over differences in word elements in the evaluation of likelihood of confusion.

In this context, the Office's approach illustrates that even when trademarks are composed of distinct verbal elements, there may be a likelihood of confusion, when they are evaluated as a whole, considering common visual elements bringing the trademarks closer to each other.