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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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THURSDAY, 24 NOVEMBER 2011
General Court: Pukka v Pukas

In Case T-483/10, the Applicant The Pukka Luggage Company Ltd registered word mark PUKKA for goods in Class 18 which was opposed successfully on the grounds of earlier figurative CTM PUKAS (represented here right) found to have been genuinely used for clothing and belts in Class 25.

The Applicant had contested the findings regarding the comparison of the goods but the General Court found that there is similarity between the belts in Class 25 and the luggage and travelling bags in Class 18 because they are manufactured using the same materials and used by consumers as accessories. As OHIM pointed out, numerous major brand companies in the clothing sector also produce, in addition to classic bags and handbags, different kinds of luggage and travel bag and often also manufacture accessories such as belts. Moreover, accessories contribute to the external image of the consumer concerned, which may involve coordination of those various components at the design stage or when they are purchased.

As for the signs, they are phonetically and visually similar the figurative elements of the earlier Community trade mark – namely, the oval and the geometric shape vaguely recalling a five-point star which is superimposed thereon – do not convey any identifiable conceptual content and it is highly unlikely that those figurative elements will hold the attention of the relevant consumer.

Consequently, there is a likelihood of confusion within the European Union in respect of the goods covered by the mark applied for.

Posted by: Laetitia Lagarde @ 17.55
Tags: General Court, likelihood of confusion, Pukka, Pukas,
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