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THURSDAY, 5 DECEMBER 2013
General Court: Maestro de Oliva v. Maestro
In Case T-4/12 the General Court was reviewing the appeal regarding another fight of
which country makes the best olive oil opposition between the following marks:
Olive Line International, S.L. (Spain)
Carapelli Firenze, SpA (Italy)
Classes29 and 30 – in particular goods based or made with olive oil
Classes 29 and 30 including ‘oil, sauces’
The Opposition Division rejected the appeal holding that the Opponent had not brought sufficient proof of use.
The Board of appeal annulled the OD decision, cancelling the contested CTM for the following goods in Class 29 “Olive oils for foods, mixtures containing fat for spreading mixed with olive oil, edible fats made with olive oil, butter made with olive oil, margarine made with olive oil and in Class 30 “Salad dressings made with olive oil, mayonnaise made with olive oil”
First, use was demonstrated for the earlier mark regarding only ‘oils and edible fats’ in Class 29, mostly under this figurative form (represented left), which does not alter the distinctive character of the word mark MAESTRO since the additional words and drawings are secondary elements.
Given the similarity of the signs from a visual, aural and conceptual point of view – due to the common dominant element MAESTRO whereas the other elements are descriptive and/or ornamental, the General Court confirmed there is a likelihood of confusion according to article 8 (1) b) CTMR.
See previous case on Italian v Spanish olive oil reported here http://www.marques.org/class46/default.asp?XID=BHA3507
Posted by: Laetitia Lagarde @ 17.29
General Court, likelihood of confusion, maestro de oliva, maestro,
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