WEDNESDAY, 26 OCTOBER 2011
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 @ 11.52
Tags: general court, likelihood of confusion, seven, seven for all makind,