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.
Click here subscribe for free.
Who we all are...
General Court: KLASSIKLOTTERIE
In
Case T-155/12, Mr. Hans Gerd Schulze registered the word mark KLASSIKLOTTERIE for services in Class
38 and 41, namely "
|
|
|
|
providing of addreses for advertising services" and "
|
|
|
providing casino facilities via the Internet; games on the Internet; gaming services; sports betting; poker; bingo"
GKL Gemensaime Klassenlotterie der Lander brought an opposition on the basis of earlier German mark NKL-Klassiklotterie registered for the goods and services in Classes16, 35 and 41 including "marketing and advertisement", "lottery and gambling organisation".
OHIM and the General Court found the opposition well-grounded on the basis of Article 8(1) b) CTMR.
The services are in part similar, in part identical. The signs have a high degree of visual, aural and conceptual similarity because of the common element Klassiklotterie. Even if both Klassik (classic) and Lotterie can be understood by the public, the earlier mark is not descriptive of any kind of lottery (because there is no such concept of "classic" or "modern" lottery) and thus it has an earlier distinctive character.
Therefore there is a likelihood of confusion for the German average and professional consumer.
Posted by: Laetitia Lagarde @ 18.39Tags: General Court, likelihood of confusion, KLASSIKLOTTERIE , Germany,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3536
