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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TUESDAY, 26 NOVEMBER 2013
Battle of the Blues goes on appeal
Case T-367/12 MOL Magyar Olaj-es Gazipari Nyrt. v OHIM has been appealed to the Court of Justice of the European Union (CJEU) and is now identified as Case C-468/13 P.
The appeal is made against the General Court's decision to uphold an opposition to an application to register as a Community trade mark the word mark 'MOL Blue Card' for various business and marketing services in Class 35 on the basis that there is a likelihood of confusion with earlier word marks 'BLUE', ‘BLUE BBVA' and 'TARJETA BLUE BBVA' for services in Classes 35 and 36, it appearing that there was sufficient distinctiveness in the common word 'blue'. The grounds of the appeal include infringement of Article 44 of the Rules of Procedure and Article 21 of the Statute, infringement of the Community Trade Mark Regulation and settled case law, and a failure to make a clear and separate assessment of the aspects of visual, aural and conceptual similarity.
Tags: Community trade mark, name of colour, likelihood of confusion,
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Battle of the Blues goes on appeal
Case T-367/12 MOL Magyar Olaj-es Gazipari Nyrt. v OHIM has been appealed to the Court of Justice of the European Union (CJEU) and is now identified as Case C-468/13 P.
Given the CJEU's reluctance to accord wide protection to colours per se, it will be interesting to see how widely that court protects word marks consisting largely or wholly of a word that corresponds to such a colour.
Posted by: Blog Administrator @ 22.33Tags: Community trade mark, name of colour, likelihood of confusion,
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