General Court finds similarity between red cups

Nestlé opposed the above depicted "Golden Eagle" CTM based on its older "Red Cup" mark (depicted on the right). Both OHIM and the Board of Appeal dismissed the opposition(s) (there are several similar marks involved) for lack of similarity between the marks.

The Court disagrees: applying standard case law, it concludes that the marks are "sligthly similar", and the OHIM should have proceeded to the likelihood of confusion assessment. The cases are sent back to the Board of Appeal.

General Court, decision of 25 March 2010.

Posted by: Mark Schweizer @ 09.24
Tags: general court, similarity, relative grounds for refusal, opposition,

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