CLASS 46
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SUNDAY, 9 FEBRUARY 2014
General Court: Imperia (fig) v Imperial (fig)
Tags: General court, likelihood of confusion, imperial, imperial,
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General Court: Imperia (fig) v Imperial (fig)
In CaseT-216/11, the General Court rejected the appeal in the following opposition
Progust SL (Spain) |
Sopralex & VosmarquesSA (Belgium) |
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Class 29 heading “meat, fish, jams, etc” |
Class 29 “fish, fish preserves and shellfish, prepared dishes with fish” |
Both the Opposition Division and BoA upheld the opposition: for the relevant EU consumer, there is a likelihood of confusion for identical goods. The signs are similar from a visual and aural point of view: the figurative elements are secondary so the common dominant element being almost identical (imperia v. imperial) will create a likelihood of association. The conceptual comparison is not relevant. The General Court confirmed OHIM’s findings and dismissed the appeal.
Posted by: Laetitia Lagarde @ 07.15Tags: General court, likelihood of confusion, imperial, imperial,



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