From a CAIXA to another

On October 18, 2007, the OHIM ruled that the Spanish marks CAIXALEASING and CAIXAFACTORING of CAIXA D’ESTAVIS could not prevent the registration of the Community trademark CAIXA LEASING E FACTORING. The decision retained the descriptiveness of CAIXA in class 36 and the lack of evidence as to the purported reputation of the prior trademarks CAIXALEASING and CAIXAFACTORING.
The terms LEASING and FACTORING were lastly regarded as adding no distinctiveness. A few days before, the WIPO mediation center issued several decisions in favor of CAIXA D’ESTAVIS against various domain names composed of CAIXALAIETANA. The panel admitted the identity and similarity of the signs and the reputation of the earlier trademarks. The lack of interactivity and unity of evidence between these proceedings and maybe unity of agent has clearly been detrimental to the opponent in the OHIM solution.

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