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.