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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
THURSDAY, 31 OCTOBER 2013
Repsol 'R' heads for Luxembourg appeal
Case T-89/12 Repsol v OHIM, noted here on Class 46, once again by the excellent and untiring Laetitia, is also on its way to the Court of Justice of the European Union, where it will now be known as Case C-466/13 P.

This is frankly a bizarre case.  The applicant's trade mark, which appears on the left, is a slightly adorned version of the standard sign for a registered trade mark, while the opponent's earlier mark, on the right is a more or less unadorned version of the same sign. The opposition is founded on the likelihood of confusion in respect of goods in Classes 25 and 35.  

Some readers may feel that neither sign belongs on the trade mark register, but that's not a matter on which the CJEU is being asked to rule.
Posted by: Blog Administrator @ 12.25
Tags: CJEU appeal, opposition,
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