Pointless specific exclusion

On September 10, 2008, the CFI ruled similarity of the trademarks EXE (fig) and EXE in respect of «clothing, excepting shoes » and « shoes for men and women ». The Court focused its comparison on the « clothing » and « shoes » categories without considering the specific exclusion.

This typical case-law shows the lack of efficiency of exclusions in the specifications to overcome earlier rights before the OHIM. These exclusions however remain interesting to gain consent or negotiate coexistence agreement.

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