CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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MONDAY, 7 SEPTEMBER 2009
Spain –the Court of Appeals of Madrid buys the “crowded field“ argument to dismiss a trade mark cancellation action.
Gastronomic note: “garrapiñada” is a popular sweet in Spain consisting in a caramel-coated nut. “Garrapiñadas” made with almond is by far the most appreciated (at least by this Class 46 member).
Back to trade marks: defendant opposed that there were a great number of registered trade marks in class 30 containing the word “Rey” (in English “King”) belonging to different owners. This is the kind of situation that a US trade mark lawyer would immediately define as a “crowded field”.
While the Court of First Instance considered that the coincidence in the term “Rey” was enough to render the marks at stake similar (this triggering the cancellation of the junior right), the Court of Appeals of Madrid considered the word “Rey” in the senior mark (only common element between both) was a weak element due to the existence of many other registered marks containing the word "Rey" in class 30. This made that the mere coincidence in this term was not enough to render the junior mark void. The Court then concluded that both trade marks could coexist in the Registry and in trade.
Posted by: Ignacio Marques @ 18.38
Tags: Spain, Trade mark cancellations.,
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Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1306
Spain –the Court of Appeals of Madrid buys the “crowded field“ argument to dismiss a trade mark cancellation action.
The plaintiff, owner of the Spanish trade mark “Rey” in class 30, sought the cancellation of the Spanish trade mark “Garrapiñadas del Rey”, also in class 30.
Gastronomic note: “garrapiñada” is a popular sweet in Spain consisting in a caramel-coated nut. “Garrapiñadas” made with almond is by far the most appreciated (at least by this Class 46 member).
While the Court of First Instance considered that the coincidence in the term “Rey” was enough to render the marks at stake similar (this triggering the cancellation of the junior right), the Court of Appeals of Madrid considered the word “Rey” in the senior mark (only common element between both) was a weak element due to the existence of many other registered marks containing the word "Rey" in class 30. This made that the mere coincidence in this term was not enough to render the junior mark void. The Court then concluded that both trade marks could coexist in the Registry and in trade.
Tags: Spain, Trade mark cancellations.,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1306
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