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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
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
MONDAY, 22 OCTOBER 2012
General Court: Miss B v. Miss H

In Case T-485/10, the General Court dismissed the action against the OHIM decision which found there was no likelihood of confusion between the two following marks registered for similar or identical goods in Classes 14 and 25:

MISS H                                                   MISS B

Earlier German TM and

IR with effect in Benelux                 contested CTM

The word ‘miss’ is an English term which will be understood by the relevant consumer as a reference to young women or beauty queens and will be perceived as descriptive of the purpose of the goods in question, i.e.: a product line destined for a female public.

Thus there is a certain degree of conceptual similarity. However from a visual and aural point of view, given that the consumer will not pay much attention to the descriptive term of the signs, the letter ”H” differing a lot from the letter “B”, there is no likelihood of confusion between the marks in question.

Posted by: Laetitia Lagarde @ 07.56
Tags: general court, likelihood of confusion, miss H, missB,
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3008

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.


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