Log in


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.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
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
X factor in General Court

In Case T-378/12, the General Court decided on the X opposition

CTM applicant Capitalizaciones Mercantiles Ltda (Colombia)

Opponent- Leineweber GmbH & Co. KG (Germany)

Class 25 goods

Class 25 goods

The Opposition Division (OD) rejected the opposition holding that even for similar/identical goods, due to the weak distinctive character of the earlier sign X and the differences between the figurative representations, there could be no likelihood of confusion.

The Board of Appeal cancelled the OD decision, finding that for the average EU Consumer, the signs will be both perceived as the letter X, which share similarities from a visual and aural point of view. Conceptually, the signs share similarity since the letter X is used in math and Internet slang. Regarding the distinctive character of the sign, the BoA rejected the OD’s conclusion and found that the CTMR does not provide for specific rule regarding the protection of letter, the letter X does not have any meaning for the goods in question, it must be considered to have an average degree of distinctive character.

Furthermore, in the clothing sector, it is common that a same brand is represented in different ways for sub-brands of the same goods. Therefore the General Court dismissed the appeal and confirmed there is a risk of confusion.

Posted by: Laetitia Lagarde @ 15.43
Tags: general court, likelihood of confusion, x,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3439
Reader Comments: 0
Post a Comment

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.

The Class 46 Archive








+44 (0)116 2747355
+44 (0)116 2747365

Unit Q, Troon Way Business Centre
Humberstone Lane, Leicester


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox