TUESDAY, 15 JANUARY 2008
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.
Posted by: Jeremy Phillips @ 10.06
Tags: CTM opposition,