Trademark containing a walking horse image is not confusingly similar to a mark with only that image for metal goods.

The Patent Court of Appeal allowed the registration of a trademark featuring a walking horse image for metal decorative items. The applicant argued the mark was distinctive, while the opponent claimed it was confusingly similar to an existing mark consisting solely of the same horse image. The court decided that the inclusion of the walking action provided a sufficient distinguishing element to prevent consumer confusion.