Multiópticas is a reputable Spanish eyewear seller that values its trademarks. The company owns more than 30 European trademark registrations, including several registrations of the mark MÓ: a wordmark, as well as figurative marks, where in some registrations, only half of the mark is visible.
The trademarks are not similar!
For some reason, Multiópticas convinced itself that a figurative mark filed by Nike in 2019 resembled the MÓ marks to an extent that there was a risk of confusion. Therefore, Multiópticas filed an opposition and in 2021, the Opposition Division ruled that the marks were not similar. The case was dismissed. The Spaniards proceeded to appeal to the Board of Appeal. In 2022, the Board of Appeal also confirmed that the marks were not similar and sent Multiópticas home empty-handed. Subsequently, Multiópticas brought the matter before the European Court. On July 12, 2023, the company received a clear answer once again: THOSE MARKS ARE NOT SIMILAR!!
After four years of litigation and who knows how much in costs, the Spaniards must now realize that the marks probably just do not resemble each other. I would have confidently predicted that in 2019 with 100% certainty (well, 99%, as trademark law can be unpredictable).