The German Federal Patent Court issued a decision in a case concerning a dispute concerning an application for a combined trademark "KIKA" for goods in class 30 and word mark "Kit Kat" for goods of the same class.
According to the court in this case there is no similarity between this marks as to cause confusion among consumers. In terms of visual similarity the court considers that the word part of the later mark KIKA is not the dominant element in the combined mark. When consumers buy products bearing the figurative mark, they usually pay attention not only to the word element but of the other elements of the trademark.
With regard to the phonetic similarity KIKA is a leading element in the combined mark as consumers used this particular item to named the combined marks. Here there is a slight similarity.
Although the "Kit Kat" is well-known mark the court considers that in general there is no similarity between the two marks because of significant differences in visual and conceptual part, although a slight similarity in phonetic part.

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Comment by Chris Jagalla on January 12, 2011 at 12:38pm
Break me off a piece of that Kit Kat Bar :)


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