CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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FRIDAY, 9 JULY 2010
Peter weathers the peerstorm
In Case T-30/09 Engelhorn KGaA v OHIM, the General Court of the European Union, upholding an OHIM Board of Appeal decision, has agreed that there was a likelihood of confusion between a proposed Community trade mark for the word peerstorm and earlier Community and UK registrations for the word mark PETER STORM. The goods in each case (headgear, footwear and clothing in Class 25) were identical and the signs were similar visually and aurally. Refining the decision of the Board of Appeal somewhat, the General Court found that the marks were conceptually similar too, since "Peer", like Peter, was a first name in some EU languages. The court concluded that, even if the earlier mark was only weakly distinctive, the Board of Appeal was entitled to find that there was a likelihood of confusion in view of the similarity between the marks and the identical nature of the goods.
Posted by: Blog Administrator @ 13.19
Tags: CTM appeal, similarity of marks,
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Peter weathers the peerstorm
Tags: CTM appeal, similarity of marks,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1908
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