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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FERCREDIT and f@air Credit: would you be confused?
There's another Community trade mark appeal heading for the Court of Justice of the European Union. This time it's Case C-524/12 P TeamBank v OHIM. This is an appeal against the decision of the General Court in Case T-220/11 that there was a likelihood of confusion between a figurative sign containing the word element 'f@ir Credit' and an earlier international figurative mark containing the word element 'FERCREDIT'. If nothing else, this will give the CJEU a chance to consider whether the lower court and, by implication, the OHIM Board of Appeal, have taken the right view as to whether the @ sign would be viewed as the letter 'a', as an internet symbol, or even in its original meaning of 'at'. Presumably this can vary in accordance with the nature of the relevant consumer and the goods or services in question.
Posted by: Blog Administrator @ 18.44
Tags: CTM appeal,
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