New OHIM practice for retail sale services The OHIM opposition guidelines amended since July, 2006, now states that the comparison of an earlier right for goods with a later sign for retail sale services is subject to the following similarity graduation: * retail sale without specification of the products are similar to all goods. * …
In VOLKSWAGEN AG vs. OHIM (January 26, 2006), The European Court of First Instance regarded the above products and services as similar for the sole and unique reason that such services were provided by the same companies that trade motor vehicles. The justification is in our view more surprising than the solution itself. Firstly, the …
On December 11, 2008, the Court of Appeal of Lyon confirmed that no likelihood of confusion existed between TOM ET JULIE and TOM ET PILOU in light of the products involved. The Judge rightly considered that diapers – textile or not – differ from clothing, shoes and hats as they are aimed to be placed …
In a decision dated last October 17, the Paris Court of Appeal surprisingly considered that the stationery products on the first hand and the printed matters and posters on the other hand were not similar, as the former are meant to be filled by the user, and the latter to be posted up. The judges …
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 …
On September 24, 2008, the European Court of First Instance ruled that “retail and wholesale services, including on-line retail store services” could relate to all goods. The Court thus retained a similarity with “clothing, headwear, footwear, athletic bags, backpacks and knapsacks wallets” of the earlier mark. This establishes the scope of protection of retail sale …
Large similarity for unspecified Retail sale services Lire la suite »
The same day, the OHIM ruled the terms “telecommunications” and “computer software for online, interactive, CD-Rom and multimedia use” as similar. The argumentation is proper to have this similarity applied without need of online and interactive features of computer software. Based on today’s provision of software by telecommunications services contracted, the Office broadly considered …
Computer softwares” similar to «telecommunications” Lire la suite »
On January 22nd, 2008, the OHIM denied similarity between printers and papers. They were regarded of different nature and use and not both of high technology, their selling in the same shops being insufficient to consider their similarity. Surprisingly, the Office ruled at the same time a similarity between printers and cartridge as they are …
On June 12, 2007, the CFI denied similarity between wines and glassware items. These goods were regarded as distinct by nature and use, non interchangeable and not in competition nor produced in the same areas. Their selling or marketing in the same places or for common promotional purposes was not proven to be general enough …
Lack of similarity between “wines” and “articles of glassware” Lire la suite »
