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General Court: Alex v Alex
In Case T-657/13, the General Court dismissed the appeal in the following decision:
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Panline U.S.A. Inc. |
Arcandor Akt – earlier German marks |
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ALEX |
ALEX |
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Class 16: ‘Rubber stamps and stamp pads; stencil boxes; rulers; pop-up birthday cards; felt tip markers; children’s paint sets containing finger paint, poster paint, water colours, paint brushes, paint cups, and kids’ aprons; board erasers; chalk; wax and plastic crayons; glues for stationary or household use; kids’ scissors; coloured pencils; origami paper; drawing pads; colour and cut books; colouring books; and children’s activity books’; – Class 20: ‘Children’s furniture’; – Class 28: ‘Children’s arts and crafts kits for making jewellery, string beads, cards, jungle dioramas, key chains, clothes accessories, origami and kirigami, stickers, glitter art, sand art, animal sculptures, models, collages, potions, personal fragrances, bath gels, personal diary and holiday keepsake books, photo albums, patterns on silk, fashion accessories (including lanyard, love-beads and glow beads); children’s arts and crafts kits for use in painting, drawing, stencilling, colouring, clay modelling, dinosaur making and drawing and teaching alphabet and numbers (using flashcards, magnetic plastic numbers and letters); paper craft hobby kits; masquerade party kits; watch and watch band making kits; kids’ aprons sold as part of arts and crafts kits; children’s bath toys; and children’s educational and developmental activity toys, none of the aforementioned goods including sporting article ’ (as amended) |
-towels, namely hand towels, bath towels, washcloths, guest towels’ in Class 24 and ‘sporting articles’ in Class 28;
-‘bicycles’ in Class 12, ‘bags, rucksacks, travelling bags and suitcases’ in Class 18 |
The Second Board of Appeal of OHIM confirmed the decision of the Opposition Division. The BoA stated that it was confining its review to the ground of opposition under Article 8(1)(b) of Regulation No 207/2009, as the applicant no longer argued on the basis of Article 8(5) of that regulation. It also stated that the applicant did not dispute that the earlier trade marks had only been put to use on ‘sporting articles’, and that the opposition was restricted to ‘children’s bath toys’ and to ‘children’s educational and developmental activity toys’ in Class 28.
The relevant public comprises members of the general public in Germany. There was no dispute that, with respect to the earlier word marks, the marks at issue were identical, and that with respect to the earlier figurative mark, the marks at issue were similar. The Board of Appeal held, by reference to the judgment of 4 June 2013 in i-content v OHIM — Decathlon (BETWIN), T‑514/11, that ‘sporting articles’ and ‘children’s bath toys; and children’s educational and developmental activity toys’ were dissimilar goods and, accordingly, there could be no likelihood of confusion since an indispensable condition for the application of Article 8(1)(b) of CTMR, namely identity or similarity of the goods, was not met.
Posted by: Laetitia Lagarde @ 04.39Tags: General Court, likelihood of confusion, alex,
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