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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
Birgit Clark
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Christian Tenkhoff
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MONDAY, 21 NOVEMBER 2011
General Court: Chabou v Chalou

In Judgment T-323/10, the General Court upheld the decision of the Board of Appeal which found likelihood of confusion between the applied for word mark CHABOU and earlier German and international word rights CHALOU for goods in Class 25.

The Opponent proved the genuine use of earlier German right CHALOU for the goods ‘clothing and underwear for women’ and the earlier International trademark, not submitted to the proof of use requirement, being registered for ‘clothing’ in general, these goods must be found overall similar to the applied for goods such as ‘clothing for boys and teenagers in the field streetwear and sportswear’ given that all the goods belong to the fashion clothing industry.

The signs are highly similar visually and phonetically, likelihood of confusion cannot be excluded for the average consumer who could consider that the economically-linked companies produce clothing for women as well as for boys and teenagers.

Posted by: Laetitia Lagarde @ 16.38
Tags: general court, likelihood of confusion, chalou, chabou,
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