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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THURSDAY, 28 FEBRUARY 2008
WORLDLINK, figurative LINK sufficiently similar to cause confusion
The second of today's Community trade mark decisions from the Court of First Instance is Case T‑325/04, Citigroup, Inc. (formerly Citicorp) v OHIM, Link Interchange Network Ltd. Here Citicorp applied to register the word WORLDLINK as a CTM for insurance, financial affairs, monetary and real estate services in Class 36. Link successfully opposed, citing a likelihood of confusion with its earlier figurative mark (depicted here), the opposition being upheld for financial affairs and monetary services in the same Class. Citicorp, having appealed unsuccessfully to the Board of Appeal, merged into Citigroup, declared that it was restricting the services for which it sought registration to electronic and paper-based multi-currency banking and sought annulment of the Board's decision on a variety of grounds both substantive and procedural.
Posted by: Blog Administrator @ 13.42
The CFI dismissed Citigroup's application. The redrafted specification of services still constituted 'financial affairs'; the Board had not wrongfully disregarded late-submitted evidence and did not take into account facts that were not well-known and not relied on by the parties; finally, the Board did not err in concluding that there was a likelihood of confusion.
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