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.
Who we all are...
MONDAY, 26 MAY 2014
General Court: Marine bleu v. Blumarine
In Case T- 160/12, the General Court had to review
the following opposition
Modemärkte AG - contested CTM
SpA - Earlier CTM
18 and 25 (relevant for this Judgment)
18 and 25
The OD rejected the opposition in its entirety.
Board of Appeal upheld partially the opposition, confirming that the goods in Classes
18 and 25 are in part similar, in part
identical. Further, there is some visual and aural similarity between the signs
as well as an identical concept in several European languages (marine refers to the “sea” or “mer”/”mar”/
“mare” in French, Spanish and Italian). On the overall assessment, a likelihood
of confusion may exist even for marks with a weak distinctive character (since
it will be perceived as the color “navy blue” by many consumers, for example the French equivalent is "bleu marine" and the different order of the words does not change this perception).
BoA rejected the claim brought on the basis of Article 8 (5) CTMR , finding
that no sufficient evidence had been filed in that regard.
The General court upheld the BoA’s decision and dismissed
Posted by: Laetitia Lagarde @ 14.30
General Court, likelihood of confusion, navy blue, marine, bleu, blumarino,
Sharing on Social Media? Use the link below...
Reader Comments: 0
Post a Comment
MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.
The Class 46 Archive