Sabel BV soughtregistration of a figurative mark depicting a leaping feline, and Puma filed anopposition based on its own mark, also featuring a feline. The issue was notthe identity of the signs, but something subtler: is a mere mental associationbetween them enough to block registration?

The Court answeredclearly: no. Mentally associating two marks does not automatically meanconfusing them. The consumer must actually believe that the goods come from thesame producer or that there is an economic link between the proprietors.

That is why theprinciple of global assessment became established: the analysis of likelihoodof confusion must take account of the overall impression, rather than comparingindividual elements of the signs in isolation.

This principle isconstantly invoked in opposition proceedings before EUIPO and OSIM. If you wishto register a trademark or challenge a similar one, global assessment is themandatory starting point.