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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MONDAY, 16 SEPTEMBER 2013
GOLDEN BALLS not likely to be confused with BALLON D'OR
In a decision that has already attracted a good deal of attention, Case T‑437/11, Golden Balls Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Intra-Presse, the General Court of the European Union has allowed Golden Balls Ltd's appeal against an OHIM Board of Appeal decision that its Community trade mark application for GOLDEN BALLS was confusingly similar to the earlier Community trade mark BALLON D'OR for goods in Class 16. In short, while there was some conceptual similarity between the two marks, in that "Ballon d'or" is the French for "golden ball", the relevant consumer would not immediately associate the one with the other because an intellectual process of translation would first be required. Posted by: Blog Administrator @ 21.40
Tags: Community trade marks, similarity, likelihood of confusion,
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Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3350
GOLDEN BALLS not likely to be confused with BALLON D'OR
In a decision that has already attracted a good deal of attention, Case T‑437/11, Golden Balls Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Intra-Presse, the General Court of the European Union has allowed Golden Balls Ltd's appeal against an OHIM Board of Appeal decision that its Community trade mark application for GOLDEN BALLS was confusingly similar to the earlier Community trade mark BALLON D'OR for goods in Class 16. In short, while there was some conceptual similarity between the two marks, in that "Ballon d'or" is the French for "golden ball", the relevant consumer would not immediately associate the one with the other because an intellectual process of translation would first be required. Posted by: Blog Administrator @ 21.40
Tags: Community trade marks, similarity, likelihood of confusion,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3350
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