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General Court: Generia v Generalia (fig)
In Case T-176/13, (Judgment 9 December 2014) the General Court had to review the
following opposition:
DTL Corporación |
Vallejo
Rosell |
Generia |
|
classes
9, 35, 37 y 40 a 42 for goods and services related among others to
pholtovoltaic systems and solar cells |
classes
7, 35 y 40 for renewable Energy goods and services |
OHIM, as confirmed by the General Court,
found that there was a likelihood of confusion existed for all the products and services,
with the exception of "opinion polls; information and business advice to
consumers; support, consulting and management consulting and business organization
and business; business information; business management; business
administration; business research; commercial information agencies; expertise
in commercial business; trade estimates; commercial administration of the
products and services of third parties licenses; efficiency experts services;
office functions; provision of business products and services; accounting;
Analysis of cost; economic forecasts; compilation of statistics; compilation of
information into computer databases "in Class 35.
In particular, it found that the products and services, with the
exception of those services above, covered by the trade mark had at least a
small degree of similarity to the goods and services covered by the earlier
mark. In addition, the contested CTM had a similarity with the earlier trade mark the general impression
was dominated by the element 'generalia ". Thus, there was a likelihood of
confusion between the conflicting signs, on the basis of Article 8 paragraph 1
b) CTMR.
Tags: General Court: Generia v. Generalia,



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