FRIDAY, 23 APRIL 2010
Spain – Court elaborates on “trade mark families”.
With the occasion of the lawsuit filed by Intel Corporation (owner of several marks including “Inside”) against a Spanish undertaking that registered and used the mark “"T2 Inside", the Court of Appeals of Valencia (“Audiencia Provincial de Valencia Sección 9ª”, Judgment 322/2006, appeal roll 537/2006) has considered the relevance and signification of “trade mark families” within the context of trade mark litigation.
In the reported case, the Court considered that the existence of a “trade mark family” might enhance the likehood of confusion. As one can easily imagine, the case involved the presence of the word “Inside” in the respondent’s registration.
The Court upheld the first instance judgment that ordered the cancellation of the respondent’s “T2 Inside” mark and issued a permanent injunction on its use.
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