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Ancotel v. Acotel
In case T-408/09, the Court annulled the contested decision of the BOA which found likelihood of confusion (LOC) between the signs in conflict for services in Class 38:
v.
Contested CTM Earlier right
The earlier mark is registered for ‘Telecommunications’ services, addressed to the general public as well as a specialized public, whereas the contested CTM is addressed to a highly-specialized public (phone operators, radio diffusers).The Court censored the BOA for taking into account the point of view of the final average consumer, which is not concerned by the services of the contested CTM, and for whom LOC is by definition excluded. This issue is a question of law which cannot be examined for the first time by the General Court, which remands the case to OHIM.
Posted by: Laetitia Lagarde @ 14.28Tags: General court, relevant public, ancotel,
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