CLASS 46
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MONDAY, 11 FEBRUARY 2013
A matter of Class: BABIDU gets benefit of IP Translator ruling
Case T‑66/11,
Present‑Service Ullrich GmbH & Co. KG v
OHIM, Punt-Nou SL, a judgment from the General Court on 31 January 2013, represents the first occasion in which the General Court has had to consider the controversial and much-discussed ruling of the Court of Justice in Case C-310/10 Chartered Institute of Patent Attorneys (the 'IP Translator' case).
In its decision, where an application to register the word 'babilu' was opposed by the proprietor of the earlier mark BABIDU, the General Court took the view that the intervener in the proceedings before it, having based its opposition on an earlier Community trade mark for services that were described by reference to their class heading, had intended their registration -- which was registered before the new post-IP Translator regime came into force -- to cover all of the services covered by the alphabetical list of services within the relevant class.This conclusion was reached partly as a result of the intervener confirming after the event that this was its intention, and partly in "the light of the principle of legal certainty".
Posted by: Blog Administrator @ 05.39
Tags: Class headings,
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A matter of Class: BABIDU gets benefit of IP Translator ruling
Tags: Class headings,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3110
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