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No confusion without similarity of marks, as CK appeal fails again
The Court of Justice of the European Union gave its ruling this morning in Case C‑254/09 P, Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market; Zafra Marroquineros SL, an appeal by Calvin Klein against the General Court's refusal to allow it's appeal against the Board of Appeal's refusal to allow its appeal agains the OHIM Opposition Division's decision to dismiss its opposition.
Zafra had applied to register the word mark CK CREACIONES KENNYA for goods in Classes 18 and 25, in which Calvin Klein had earlier registrations, for identical goods, of the two figurative marks illustrated here. The Court of Justice affirmed that, notwithstanding the identity of the goods, there was no visual, aural or conceptual similarity between the marks and thus no basis upon which to establish the existence of a likelihood of confusion.
Tags: ecj appeal, similarity of marks,
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