Comparison of word signs FTX and HTX. No likelihood of confusion due to small number of chareacters.

The Opposition Board of the EUIPO held in the opposition by the owner of the prior mark FTX that there exists no likelihood of confusion between the signs FTX and HTX for identical / similar goods and services. The Board based its decision on the fact that a large part of the letters of the alphabets used in the European Union are represented through various combinations of horizontal and vertical lines. The positioning of the lines in ‘F’ and ‘H’ is not considered close enough to create a similar visual impression. When perceived by consumers, it is impossible to overlook that one has two vertical lines as opposed to one, and two horizontal lines as opposed to one, which, moreover, are arranged differently. Additionally, in none of the standard handwriting styles are these letters represented in a way that could lead to a similar visual impression.

Upon taking into account that the sole verbal elements of the signs are short three-letter words, and the different first letters, the signs are considered visually similar to a low degree. Account is taken of the fact that consumers generally tend to focus on the beginning of a sign when they encounter a trade mark. This is because the public reads from left to right, which makes the part placed at the left of the sign (the initial part) the one that first catches the attention of the reader.

The opponent appealed and the appeal decision is pending.