The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, has found that L’Oreal’s K K WATER mark is not confusingly similar to Arne-Patrik Heinze’s earlier K mark.

The case includes some interesting discussion (and take aways!) about similarity between the two marks, inherent and acquired distinctiveness and likelihood of confusion.

The full article by Sarah Fellows on the Wolters Kluwer Trade Mark blog can be found here.