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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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Anthonia Ghalamkarizadeh
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TUESDAY, 11 OCTOBER 2011
Spain - Happy Pills, S.L. will be even happier (and will continue using a pink cross to sell candies).

The Spanish newspaper El Periódico reports that the Court of Appeals of Barcelona (“Audiencia Provincial de Barcelona”) has dismissed the appeal filed by the Red Cross in a trade mark infringement case that such international humanitarian organization filed against the Spanish company Happy Pills, S.L. (dedicated to the sale of candies which get-up resemble medicines).

 

The case started back in 2009, when the Red Cross filed a claim against Happy Pills, S.L. arguing that there was risk of confusion with their the Red Cross symbol (set in the Genève Agreement of 1864). Such agreement established that the Red Cross symbol was to be used for distinguishing medical facilities, buildings and vehicles, protecting them as non-war targets.

In view of the relevant sign comparison (Happy Pills, S.L. uses a rounded-end cross in pink), the Court of Appeals upheld the resolution from the lower Commercial Court and found that both signs deferred enough, so there was no “direct association” between both signs:

 

Posted by: Ignacio Marques @ 09.10
Tags: Spain, risk of confusion, trade mark infringement.,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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