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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THURSDAY, 17 NOVEMBER 2011
No comfort for Dorma as Doorsa mark survives the challenge
On Wednesday 16 November the General Court gave judgment in Case T‑500/10,
Dorma GmbH & Co. KG,v OHIM. In this action Puertas Doorsa, SL applied to register as a Community trade mark the figurative mark on the right, which contained the word 'Doorsa' for goods in Classes 6, 9 and 19. Dorma opposed, citing its earlier German, UK and international registrations of an earlier figurative mark which consisted principally of the word 'dorma', illustrated below, left. Dorma's marks were registered in a number of classes, mainly in respect of goods which were identical or similar. A likelihood of confusion based on similarity of the respective marks was alleged.
The Opposition Division dismissed the opposition. In its view, despite the identity or similarity of most of the goods, the respective marks were insufficiently similar to give rise to any likelihood of confusion. The Board of Appeal affirmed this decision: there was insufficient proof that the enhanced distinctiveness of the earlier mark, which would entitle it to a wider degree of protection, would lead to a likelihood that relevant consumers would be confused.
Tags: CTM appeal, similarity of marks, distinctiveness,
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No comfort for Dorma as Doorsa mark survives the challenge
The General Court has now dismissed Dorma's further appeal. It is apparent from its decision that the court was more exercised by issues relating to the submission of evidence and the establishment of proof than to the establishment of propositions of law.
Posted by: Blog Administrator @ 23.05 fghxfgh),
Tags: CTM appeal, similarity of marks, distinctiveness,
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