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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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SATURDAY, 22 FEBRUARY 2014
General Court: Freevolution v Free
In Case T-127/12, the General Court had to review the following opposition: Noble Gaming Ltd (Czech Republic) applied for the figurative sign Freevolution for goods and services in Classes 9, 41 and 42. FreeSAS (France) opposed it on the basis of earlier French word marks FREE (class 38), FREE MOBILE (Class 9) and figurative sign registered for Classes 9 and 38.


Both OHIM and the GC rejected the opposition on the grounds that the signs are too dissimilar. The Opponent's arguments that the signs would share a conceptual similarity due to the elements "free" and "revolution" being highly evocative to the French revolution for the French consumer, were rejected. The visual and aural differences are sufficient to avoid any risk of confusion for the relevant public. Since the first of the three cumulative conditions, about the similarities of the sign is not present, Article 8(5) ground was not taken into account at all.
Posted by: Laetitia Lagarde @ 00.24
Tags: General court, likelihood of confusion, Freevolution, free, telecommucations,
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