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, 15 JANUARY 2008
AMPLITUDE, Amply ruled confusingly similar
Tags: CTM opposition,
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AMPLITUDE, Amply ruled confusingly similar
The curia website has just posted the decision of the Court of First Instance (CFI) in Case T-9/05 Hoya Kabushiki Kaisha, v OHIM, Indo Internacional SA. In short, Hoya applied to register as a Community trade mark the word AMPLITUDE for various optical goods in Class 9. Indo opposed, citing its earlier Spanish registration of a figurative mark (above, right) consisting of the word "Amply", in turquoise lettering, also for optical apparatus in Class 9. The Opposition Division rejected the opposition, concluding that there was no likelihood of confusion among relevant consumers. The Board of Appeal reversed this decision and allowed the opposition. The CFI has sided with the Board of Appeal.
Tags: CTM opposition,
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