Trademark opposition: Aural distinction of word-figure mark "YÖREM" from prior word mark "YÖRE" negates likelihood of confusion

The Federal Patent Court (BPatG) dismissed the appeal, rejecting the opposition and thereby allowing the registration of the contested word-figure mark "YÖREM" for classes including furniture and mirrors; the opponent prevailed in the initial opposition proceeding, but the applicant for registration prevailed in the appeal regarding the finding of a likelihood of confusion. The dispute concerned a trademark opposition where the opponent argued that the later mark "YÖREM" was confusingly similar to the prior word mark "YÖRE." The court held that there was no likelihood of confusion based on aural similarity, as the additional syllable in the later mark created a distinct impression despite sharing the initial sound, thereby negating the likelihood of the public associating the two marks as emanating from the same economic entity. The decision relies on the German Trademark Act (MarkenG) standards for likelihood of confusion, specifically focusing on the aural and overall impression of the marks to distinguish them.