Log in

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.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
TUESDAY, 18 OCTOBER 2011
General Court: Rosalia v Rosalia de Castro

In case T-421/10, the General Court upheld the finding of likelihood of confusion between ROSALIA DE CASTRO and ROSALIA for identical Class 33 goods, namely wine.

Firstly, the relevant public is the average Spanish consumer: given the importance of wine in the Spanish culture, wine is a commonly consumed good. Further, as claimed by the applicant, the consumer will rather pay attention and notice the characteristics of the wine than the trademark.

Second, the marks are similar visually and phonetically; from a conceptual point of view, the average consumer will probably not identify the earlier mark Rosalía with Rosalía de Castro, a famous Galician novelist, but the marks are nonetheless similar conceptually in that they share the same element 'Rosalia'.

Further, the GC rejected the Applicant’s argument that DE CASTRO has higher distinctiveness: although only 9 212 persons bear this surname in Spain whereas 21 932 Spanish women are called ROSALIA, when taking into account the whole population of Spain, very few people have either name, thus both elements must be held to have normal distinctiveness.

Posted by: Laetitia Lagarde @ 09.04
Tags: general court, likelihood of confusion, rosalia, rosalia de castro,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2589
Reader Comments: 0
Post a Comment


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.


The Class 46 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
+44 (0)116 2747365
POST ADDRESS

Unit Q, Troon Way Business Centre
Humberstone Lane, Leicester
LE4 9HA

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox