CLASS 46
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FRIDAY, 6 MAY 2011
Won't you have some more.. community trademark law
Tags: Apetitio, general court, likelihodo of confusion,
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Won't you have some more.. community trademark law
In case T-129/09, the facts are as follows: the signs in conflict APETITO are identical and the goods in Class 29 are similar: on one hand, the goods ‘milk, cheese, dairy products’ covered by the mark applied for and, on the other, the ‘prepared meals, mainly of cheese, quark, milk, butter, cream, yoghurt and ingredients for the aforesaid meals in prepared form’ covered by the earlier mark.
The GC found that the Board of Appeal was right to find that the CTM applied for was likely to be confused or associated with the earlier mark by the relevant public, namely the average consumer of foodstuffs for everyday consumption, and that there was therefore a likelihood of confusion between the marks at issue.
Posted by: Laetitia Lagarde @ 17.18Tags: Apetitio, general court, likelihodo of confusion,



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