The EU General Court with decision of May 14, 2013, in case T-393/11, dismissed the appeal brought by an Italian high quality wine producer who suffered the refusal of its Community trademark CA'MARINA on the basis of an earlier word Community trademark MARINA ALTA registered by a Spanish wine producer.

The Court affirmed that, in order to assess the likelihood of confusion between the two signs, it should not be considered “a specific type of consumer within a larger category of goods, but the average consumer of that category”.

For this reason, even if the requested trademark CA’MARINA was intended to be used only for high quality wines distributed through a dedicated network, the relevant public is not limited to wine connoisseurs, but includes consumer of all alcoholic beverages.

In line with this reasoning, the Court affirmed that the wine – irrespective of each label’s market positioning - has to be considered an “everyday consumer good”, as other alcoholic beverages.