CLASS 46
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FRIDAY, 25 MARCH 2011
TiMi KINDERJOGHURT figurative sign valid, says ECJ
Tags: CTM appeal, similarity of marks,
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TiMi KINDERJOGHURT figurative sign valid, says ECJ
The Court of Justice of the European Union gave a keenly-awaited ruling yesterday in Case C‑552/09 P, Ferrero SpA v Office of Harmonisation in the Internal Market, Tirol Milch reg.Gen.mbH, Innsbruck. in which the Court dismissed the Italian company Ferrero's challenge to the validity of the figurative mark depicted above. Ferrero based its challenges on relative grounds under Articles 8(1)(b) and 8(5) of the CTM Regulation, citing its earlier registration of the word mark KINDER. The figurative mark was registered for yoghurt and its derivatives in Class 29, while KINDER was registered for a range of confectionery products in Class 30.
Posted by: Blog Administrator @ 08.21After an initial opposition had failed on the ground that the marks were insufficiently similar and the mark was registered, Ferrero initiated cancellation proceedings which were at first successful. The Board of Appeal however considered that the Cancellation Division could not establish as a fact something which the Opposition Division had already decided to the opposite effect. The General Court and now the Court of Justice agreed, also concluding that the marks were insufficiently similar, regardless of the degree of reputation and distinctive character enjoyed by the KINDER mark.
Tags: CTM appeal, similarity of marks,
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