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SUNDAY, 9 FEBRUARY 2014
General Court: Imperia (fig) v Imperial (fig)
In CaseT-216/11, the General Court rejected the appeal in
the following opposition
Progust SL (Spain)
Sopralex & VosmarquesSA (Belgium)
Class 29 heading “meat, fish, jams, etc”
Class 29 “fish, fish preserves and shellfish, prepared dishes with
Both the Opposition Division and BoA upheld the opposition:
for the relevant EU consumer, there is a likelihood of confusion for identical
goods. The signs are similar from a visual and aural point of view: the
figurative elements are secondary so the common dominant element being almost
identical (imperia v. imperial) will create a likelihood of association. The
conceptual comparison is not relevant. The General Court confirmed OHIM’s
findings and dismissed the appeal.
Posted by: Laetitia Lagarde @ 07.15
General court, likelihood of confusion, imperial, imperial,
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