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General Court: Marine bleu v. Blumarine
In Case T- 160/12, the General Court had to review the following opposition
|
Adler
Modemärkte AG - contested CTM |
Blufin
SpA - Earlier CTM |
|
MARINE BLEU |
BLUMARINE |
|
Classes 18 and 25 (relevant for this Judgment) |
Classes 18 and 25 |
The OD rejected the opposition in its entirety.
The Second
Board of Appeal upheld partially the opposition, confirming that the goods in Classes
18 and 25 are in part similar, in part
identical. Further, there is some visual and aural similarity between the signs
as well as an identical concept in several European languages (marine refers to the “sea” or “mer”/”mar”/
“mare” in French, Spanish and Italian). On the overall assessment, a likelihood
of confusion may exist even for marks with a weak distinctive character (since
it will be perceived as the color “navy blue” by many consumers, for example the French equivalent is "bleu marine" and the different order of the words does not change this perception).
However, the BoA rejected the claim brought on the basis of Article 8 (5) CTMR , finding that no sufficient evidence had been filed in that regard.
The General court upheld the BoA’s decision and dismissed the appeal.
Posted by: Laetitia Lagarde @ 14.30Tags: General Court, likelihood of confusion, navy blue, marine, bleu, blumarino,
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