ACT! LLC v. ACT Legal Service Company GmbH

ACT! LLC

Decision

All the contested services are either identical or highly similar to the services covered by the earlier mark. The conflicting services in Class 35 target the professional public and also the public at large (e.g. tax accountancy consultancy), displaying a higher degree of attention. The signs at issue are visually and phonetically similar to an average degree and conceptually, either not similar, or the conceptual comparison is not possible for the Italian-speaking part of the relevant public. The earlier mark is distinctive to a normal degree, as it does not convey any meaning for the Italian-speaking part of the relevant public. There is a likelihood of confusion for all the contested services.

Comparison of Trademarks

ACT!

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