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, 26 OCTOBER 2009
Gallecs and Gallo: is a single initial letter enough to support an opposition?

An appeal to the Court of Justice of the European Communities has been lodged in Case C-342/09 P Victor Guedes - Indústria e Comércio, SA v OHIM against the 11 June 2009 decision of the Court of First Instance in Case T-151/08 Guedes - Indústria e Comércio v OHIM, Consorci de l'Espai Rural de Gallecs.
Tags: CTM appeal, similarity of marks,
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Gallecs and Gallo: is a single initial letter enough to support an opposition?
In short, in an opposition by Guedes, the Court of First Instance agreed with the finding of the Board of Appeal that the trade marks depicted here were different from a phonetic, graphic and conceptual point of view (Guedes actually based its opposition on a number of marks, the rest of which can be seen by visiting the link to Case T-151/08 above). Guedes now appeals, arguing that "there are several decisions from Community instances which consider that trade marks which share the same initial elements are confusingly similar and thus cannot coexist in the market". Guedes also argues, among other things. that it is entitled to greater protection on account of its extensive reputation.
Posted by: Blog Administrator @ 12.43Tags: CTM appeal, similarity of marks,
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