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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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FRIDAY, 6 MAY 2011
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 @ 17.18
Tags: Apetitio, general court, likelihodo of confusion,
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