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.
Click here subscribe for free.
Who we all are...
WEDNESDAY, 26 OCTOBER 2011
General Court: All for SEVEN- SEVEN FOR ALL MANKIND
Tags: general court, likelihood of confusion, seven, seven for all makind,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2605
General Court: All for SEVEN- SEVEN FOR ALL MANKIND
In case T-176/10, the Opposition Division had upheld the likelihood of confusion for goods in Class 14 and 18 including ‘rucksacks’ between word mark SEVEN FOR ALL MANKIND and earlier figurative marks SEVEN because the latter had acquired an average degree of distinctiveness on the Italian market for these goods.
The Second Board of Appeal in its limited review by the grounds of appeal, found that there was no such likelihood for the other goods on the ground the signs in question were not similar overall.
The General Court annulled the contested decision finding there is a certain overall similarity between the marks at issue. The importance of the presence of the word element ‘seven’ in the overall impression of the trademarks must not be overlooked, which must be regarded as possessing an average degree of distinctiveness. The figurative elements are limited to an unoriginal typeface and, because of their essentially ornamental function, are of lesser importance when compared with the word element ‘seven’, which will attract the attention of the relevant public to a greater extent. For the English-speaking public, the expression ‘for all mankind’could easily be perceived as indicating the public for whom the trade mark is intended, and not as conveying an original and unusual message. Posted by: Laetitia Lagarde @ 11.52Tags: general court, likelihood of confusion, seven, seven for all makind,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2605
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