General Court: common figurative elements will make an impression on consumers, despite their weak distinctive character

• DPG opposed registration of mark representing bottle and arrow in Classes 35, 40 and 42 based on earlier mark representing can, bottle and arrow in same classes.
• Board of Appeal found that likelihood of confusion could not be excluded.
• General Court agreed, finding that common figurative elements were likely to be remembered by consumers, even though they had weak distinctive character

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