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.
Who we all are...
TUESDAY, 29 MAY 2012
General Court: Suisse Premium v Premium
In Case T-60/11, fenaco Genossenschaft registered the following figurative CTM for goods in Classes 30 “Cereal flakes, cereals for breakfast, cereal preparations, flours, bakery goods, confectionery;all the aforesaid goods made in Switzerland” and 31 “bread cereals, feed grains, foodstuffs, seeds;all the aforesaid goods made in Switzerland” and services in Class 42 “certification of seeds, cereals, baking flour and cereal products”:
Gervais Danone SA- now Kraft Foods Global Brands- brought an opposition on the grounds of Article 8 (1) (b) and (5) CTMR on the basis of the following CTM registered for Class 30 goods “Biscuits, cakes, pastry, crackers, bakery products and bread substitutes”:
The OHIM rejected the opposition which was confirmed by the General Court because the overall impression of the marks differs and there is only a partial similarity from a conceptual and visual point of view: the differences consisting in the white cross, background and the double ear are predominant. Therefore, even for similar or identical goods, and since the earlier mark has a weak distinctive character for the goods protected (Premium will be understood by most of the public as a laudatory term of high quality), there is no likelihood of confusion between the marks in conflict.
Posted by: Laetitia Lagarde @ 17.57
general court, likelihood of confusion, suisse premium, premium, ,
Sharing on Social Media? Use the link below...
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