CFI finds likelihood of confusion between quartz marks for software

The CFI has upheld a decision of the OHIM Board of Appeal which concluded that there was a likelihood of confusion between the word mark QUARTZ and an earlier figurative mark incorporating the word "quartz".

It confirmed that the marks were almost identical and that there was some similarity between the goods, rejecting the applicant's argument that the Board of Appeal had failed to take into account the differences between the goods, and particularly the fact that the opponent's goods were intended for users of banking software, whereas its goods were designed for information-systems developers.

The most interesting aspect of this case is the CFI's assessment of the similarity of the class 9 goods; the applicant argued that the word "software" covered a vast range of goods, but the CFI found that there were some similarities between the goods: for example, in relation to their nature and intended purpose.

Case: Apple Computer Inc. v OHIM, I July 2008.