Log in

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.

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
TUESDAY, 31 DECEMBER 2013
General Court: IBSolution v. IBS (fig)
In  Case T-533/12,  IBSolution GmbH applied for the registration of the sign IBsolution. IBS AB opposed on the basis of earlier figurative CTM (IBS here bottom  right). Both signs were registered for identical or similar services in Classes 35, 41, and 42 b

The Opposition Division and Board of Appeal upheld the opposition, finding essentially, that the marks at issue were similar, in particular visually and phonetically, and held that, in the light of the fact that the most distinctive element of each of those marks, namely the letter group ‘ibs’, was identical, there was a likelihood of confusion in relation to the identical or similar services covered by those marks, despite the relevant public’s high degree of attention. Further ,there was a certain degree of similarity as a result of the identical pronunciation of the first two letters ‘i’ and ‘b’ appearing in both marks and a higher degree of similarity for the sector of the public which is not familiar with English and which would also pronounce the third letter ‘s’ identically. The Board of Appeal held, in that regard, that the earlier mark would be pronounced as the succession of the letters ‘i’, ‘b’ and ‘s’ and that the mark applied for would be pronounced either as ‘i-b-solution’, or as ‘i-b-s-solution’ by the English-speaking or French-speaking public, or also as ‘i-b-s-olution’ by the sector of the relevant public which is not familiar with English. The General Court dismissed the appeal.

Posted by: Laetitia Lagarde @ 14.08
Tags: General court, likelihood of confusion, IBsolution, IBS,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3441
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






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
+44 (0)116 2747365
POST ADDRESS

Unit Q, Troon Way Business Centre
Humberstone Lane, Leicester
LE4 9HA

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
BLOGS

Signup for our blogs.
Headlines delivered to your inbox