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
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,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA2643
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
POST ADDRESS

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE

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