Demonstration but not deduction

On January 30, 2008, the European Court of First Instance denied the opposition of CAMEL trademarks against the Community trademark for CAMELO a dromedary device for coffee products. For the Court, no antinomy existed between the images of coffee and tobacco products. The features associated to a reputed trademark for cigarettes could not be considered in themselves as liable to profit to coffee products even if they could jointly be consumed and associated to some conviviality and relaxation moments.

Handling trademark reputation at a Community level requires to succeed in evidencing it but also to make a real demonstration of the liable prejudice without deducting it from common elements.

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