Log in

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.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
FRIDAY, 16 JANUARY 2015
General Court: News+/Actu+

In Case T-591/13, the General Court confirmed the contested decision finding lack of likelihood of confusion between the following rights registered for similar services in Classes 35, 38 and 41:

Euronews

Groupe Canal +

News+

ACTU+

The Board held that the signs were different visually and phonetically, and were conceptually similar for part of the relevant public , which understood the meaning of the two signs. In addition, the Board of Appeal noted that the element "+" was commonly used on the market in a laudatory sense and, therefore, should be considered of low distinctive character for the services in question. Also, the alleged brand awareness of "Canal +" had no influence on the distinctiveness of the earlier mark.

The Court found that the average French consumer will perceive the word “actu” as an abbreviation for “actualité” being a synonym of “news”. The English word “news” is commonly used by the French public, so the signs are conceptually similar, contrary to what the Board held. However similar the marks are from a visual or conceptual point of view, they produce such a different visual impression (and “+” has low distinctive character) that no risk of confusion exists.

Posted by: Laetitia Lagarde @ 17.30
Tags: General court, likelihood of confusion, actu+, news+,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3971
Reader Comments: 0
Post a Comment


MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


The Class 46 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
POST ADDRESS

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox