Nonsense, according to the Latvian applicant of the latter trademark: a dinosaur cannot be monopolized. The EUIPO and the court state that there is trademark infringement. The trademarks are visually and conceptually highly similar. In both cases there is a happy dinosaur, drawn in the same style and in the same perspective.
There are differences, but those are small. The prior dinosaur is walking on shoes in the opposite direction with a glass of milk in the hand and licking it´s lips. The customer usually does not make a direct comparison between the products and has to base his decision on a vague memory, forgetting certain details. As a consequence the application is rejected. Conclusion: if cartoon figures are being used to promote or market certain products, make sure to protect the characters in due time.
