Trademark Similarity Case: CARTE BLUE

2002 Hu 2891

CARTE BLUE is a word mark. The cited mark combines a graphic:with CARTEBLANCHE. The graphic and differing wording make their overall appearances different.

The graphic and wording in the cited mark can be considered separately. Likewise, CARTE and BLUE, and CARTE and BLANCHE, are not inseparably combined and do not create a new concept through their combination. Under the practice of using short names in trade, each mark can therefore be perceived or pronounced by its separate elements. If both marks are shortened to CARTE, they may share its French or English pronunciation. CARTE means “card” in French and “menu, diet or card” in English, so the marks have the same pronunciation and concept when identified by that element.

When assessed as a whole, objectively and at separate times, the shared dominant pronunciation and concept could lead to confusion about the source of identical or similar goods.∙The marks were therefore considered similar.