Canon opposed the mark 'CANNON' for audiovisual goods, relying on its own 'CANON' mark. The issue was hat the goods were not identical, even though the signs were almost the same.
The CJEU established the principle of interdependence: a low degree of similarity between the goods may be offset by a high degree of similarity between the signs, and vice versa.The assessment is not carried out in isolation for each factor, but through the relationship between them.
This means that a highly distinctive mark may still justify an opposition even if the goods are somewhat different. Conversely, identical goods combined with slightly different signs may, in certain circumstances, still generate a likelihood of confusion.
The Canon principle is invoked in virtually every serious opposition file before EUIPO or OSIM.Strategy must be built with both factors, and the relationship between them,firmly in mind.