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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WEDNESDAY, 2 NOVEMBER 2011
General Court: Polypipe but monomark
In Judgment T-189/09, the CTM was opposed on the basis of the two following trademarks:
The first trademark was not taken into account because there was no proof of serious use.
The General Court found there is similarity between the signs given the low distinctive character for POLYPIPE for goods in Classes 6, 11, 17, 19 and 20 related among others to ‘pipes’, thus the dominant element is the figurative element which is clearly a stylized P. The term ‘polypipe’ may be a neologism but is in conformity with the English grammar rules and will be understood by the relevant public, composed of average and specialized consumer.
Therefore, the trademarks are similar visually and phonetically, the fact that the Board erroneously considered there was a conceptual similarity, does not prevent a finding of likelihood of confusion for identical and similar goods.
Posted by: Laetitia Lagarde @ 17.26
general court, likelihood of confusion, polypipe,
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