(trademark) On March 23, 2006, the Court of Appeal of Lyon ordered the cancellation of the pink color trademark of CANDIA considering that the pink color has now become common for milk products. The concerned trademark was regarded as an insufficient variation of that pink color for enabling the average consumers to distinguish the …
The OHIM Board of Appeal ruled on March 7, 2006 that the earlier mark and were dissimilar from The Opposition Division had first retained a likelihood of confusion due to the common device.According to the Board, the size and central position of the word part FSA however dominate the contested trademark. This is in …
In the context of an opposition based on QUICKIES and other deriving QUICK trademarks lodged against the CTM for the Opposition Division recognized a risk of confusion by focussing its analysis exclusively on the earlier trademark QUICKIES. The Board of Appeal and the European Court of First Instance confirmed this position.
The CJEC ruled on March 23,2006, that a mere phonetic similarity between two signs does not necessarily give rise to a likelihood of confusion. The appellant contested the earlier OHIM decisions which retained that the phonetic similarity was not counterbalancing the visual and intellectual differences between: / ZIRH (Earlier trademark) (contested application) The new …
Change of case law as to phonetic similarity Lire la suite »
In eight months of birth, the definitive allowance of retail services under trademark registrations in the European Community has lead the OHIM President to further intervene and the Opposition division to show its difficulties in handling this new possibility. Registration of retail sale services Community trademark was first granted by the OHIM Board …
Retail sale services under the European recent practice Lire la suite »
On February 1st, 2006 – PERFIX/ CERFIX The European Court of First Instance upheld an opposition based on trademark CERFIX against trademark PERFIX as reproduced here above. (Community trademark application) VS./ (Earlier trademark opposed) The reasoning was to minimize the visual differences as regards the strong phonetic likeliness of the signs, especially because of the …
On January 12th, 2006, the European Court of First Instance ruled that these two trademarks were liable to cause confusion for products in class 14. The judge retains that the logo included in the Community trademark application was not sufficient to compensate the prefix Quant shared with the earlier mark to the extent that (i) this …
Possible specific trademarks comparison where watches are concerned Lire la suite »
