The examination of the condition of disponibility for registration as a trade mark, which is characterised by the relative grounds for refusal of registration, which, as regards the European Union trade mark, are governed by article 8 of Regulation (EU) 2017/1001 of the European Parliament and of the Council of June 14, 2017 on the European Union trademark. This examination involves a complex analysis of the identity or, as the case may be, of the similarity of the earlier sign and mark with which it is in conflict, as well as of the goods and/or services designated by the sign or the mark.
In this paper we will focus on the relative reason for refusing to register a sign as a trademark of the European Union provided by article 8 para. (1) lit. b) of the Regulation and, as the examination of this condition of registration does not benefit from objective criteria regulated by law, being developed by jurisprudence, we will deduce from the jurisprudence of the Court of Justice of the European Union and the Court of Justice of the European Union some of the elements which contribute to determining the likelihood of confusion and, in particular, the relevant case‑law on the conceptual similarity of the conflicting marks.