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German Federal Patent Court: ALLFAcolor v ALPHA
In an advance publication of 20 July 2010 the German Federal Patent Court (Bundespatentgericht) has published the headnote of its recent decision in ALLFAcolor v ALPHA. Please find below Class 46's unofficial translation.
ALLFAcolor v ALPHA
1. When considering the similarity of trade marks in the case trade marks that consist of one word, the overall impression is still the decisive factor, so that even in cases where the earlier mark is encompassed by the opposed mark, this will not coercively result in a likelihood of confusion (differentation to BGH GRUR 2008, 905 “Pantohexal”).
2. “ALLFAcolor” and “ALPHA” are not confusingly similar for goods in Class 2.
Case reference: Bundespatentgericht 28 W (pat) 8/10 of 9 June 2010. Please click here to read the court's "Eilunterrichtung" in its German original.
Posted by: Birgit Clark @ 12.14Tags: Bundespatentgericht,



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