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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
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TUESDAY, 17 JANUARY 2012
General Court: KICO v KIKA

In Judgment T-249/10, the General Court examined an appeal in a case between CTM applicant Kitzinger & Co. and opponent Mitteldeutscher Rundfunk for the following signs and identical or similar goods in Class 16:

                               KIKA

Contested CTM     V.      Earlier German TM     CTM

The Opposition Division had found a risk of confusion based on earlier German figurative mark. The Board of appeal confirmed the ruling based rather on the earlier word mark. The Court upheld the finding of likelihood of confusion on the grounds of earlier word CTM ‘KIKA’ because the marks have a medium visual similarity, high aural similarity and there is no conceptual meaning to influence the comparison.

Posted by: Laetitia Lagarde @ 17.43
Tags: General Court, likelihood of confusion, KICO, KIKA,
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