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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SATURDAY, 2 FEBRUARY 2013
Saturday night fever in General Court: no lights, no disco
In case T-189/11, Peter Yordanov (Bulgaria) applied for the registration of the word CTM DISCO DESIGNER for goods in Class11 ‘devices for lightning, heating, steam production, cooking, freezing, drying, ventilation, water distribution and sanitary installations’.
Distribuidora commercial del Frio (Spain) successfully opposed it on the basis of its earlier figurative CTM registered for identical goods in Class 11 .
The General Court confirmed the ruling issued by OHIM. Firstly, the relevant public is the average consumer in the EU, rejecting the Applicant’s argument according to whom the public is composed of specialists because it sells expensive goods consisting of “disco clubs lightning and other chandeliers, mirrors, LED’s for dance floors, furniture for discotheques etc”.
The signs are very similar visually, aurally and conceptually because they both refer to discotheques and eventually a particularly decorated club by a designer.
Therefore, there is a likelihood of confusion for identical goods between the marks at issue.
Posted by: Laetitia Lagarde @ 16.52
General court, likelihood of confusion, DISCO designer, DISCO,
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