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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
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WEDNESDAY, 6 NOVEMBER 2013
General Court: sterilina v sterillium

In Case T-114/12, the General Court dismissed the appeal regarding the following opposition:

CTM Applicant- Laros srl (Italy)

Opponent-Bode Chemie GmbH (Germany)

 

Goods in classes 3 and 5

Earlier CTMs:

STERILLIUM for several goods in Class 5

For ‘disinfectants’ in Class 5

The Opposition Division and 4th BoA both found there was no likelihood of confusion due to the differences between the trademarks. Even if the marks share a slight similarity from a visual point of view, a medium one from an aural point of view and some conceptual similarity due to the common prefix “steril”, the latter has a weak distinctive character for medical goods and the other elements, including figurative, are sufficient to differentiate the signs.

Finally, the opponent did not bring sufficient evidence that the earlier right was well-known in Germany or France.

Posted by: Laetitia Lagarde @ 17.03
Tags: General Court, likelihood of confusion, sterilina, sterillium ,
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