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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.

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Anthonia Ghalamkarizadeh
Birgit Clark
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SUNDAY, 9 FEBRUARY 2014
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)

 

 

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 @ 07.15
Tags: General court, likelihood of confusion, imperial, imperial,
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