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“Langenscheidt Dictionary” Range of protection of a colored trademark
In the domestic market of bilingual dictionaries colors have an impact on trademark characteristics. These have an effect on the market of neighboring products like e.g. interactive language learning. In this domain the audience understands, for example the used color “yellow”, as a product characteristic.
For the question of similarity of characteristics it is applied to the color “yellow” in its shades of yellow. With a profound similarity of goods and characteristics and an average distinctiveness of the dictating trademark the requirements of a likelihood of confusion of trademarks is fulfilled, provided that the shades of yellow of the used color “yellow” are highly similar to the trademark characteristics of the embossed color.