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General Court: NC NICKOL v NIKE
Following its previous defeats in the General Court over CTM registrations reported here, Nike did it again.
On the basis of Article 8 (5) CTMR, the OHIM had upheld the opposition between the two following trademarks for identical goods in Class 9, holding that there is a risk the Applicant takes unfair advantage of the earlier well-known mark:
v
In Judgment T-207/09, the General Court however censored the BoA for committing an error of law. The Board had assessed the similarity of the marks in a contradictory manner by finding (par. 23 of the contested decision) a lack of similarity between the mark applied for and the earlier mark when examining the conditions for the application of Article 8(1)(b) of CTMR but a sufficient degree of similarity (par. 36 of the contested decision) between the same signs for the application of Article 8(5) of the same regulation.
Posted by: Laetitia Lagarde @ 09.46Tags: general court, likelihood of confusion, nike, nc nikol, error of law, board of appeal,
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