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General Court: diamonds figurative marks

In Case T-36/13, the General Court dismissed the appeal in the following op position case:

M. Antonio Facchinelli – Contested CTM

Erreà Sport SpA- Opponent

-earlier CTM

-earlier Italian mark

Classes 3,14,18 and 25

Classes 3,14,16,18,25,28,35 and 41

The General Court confirmed the findings of OHIM, namely the lack of confusion between he signs despite the identity of the goods. First, it held that the marks did not contain elements that can be considered negligible. Second, it found that, visually, the marks were significantly different, resulting on the one hand, the presence in the mark applied for an intersection between two diamonds with a contour black, highlighted by small white dots, and secondly, the disparity in verbal elements. Third, it considered that, given the differences between the word elements of the marks, they were different phonetically. Fourth, it found that the conceptual comparison was irrelevant because no concept emanated from the brands. At most, the mark applied for would evoke the name of a person and the earlier CTM would be perceived as the pronunciation of an acronym and would be so different.

With regard to the comparison between the mark applied for and the earlier Italian mark, the differences between the marks were even more intense than in the case of the earlier CTM, due to the absence of verbal element in the aforementioned Italian brand. Finally, as regards the applicant's argument that the mark applied for would take unfair advantage of the reputation of the earlier marks, this argument was dismissed because of the lack of similarity between the marks.

Posted by: Laetitia Lagarde @ 13.56
Tags: general court, likelihood of confusion, diamonds, errea, antonio bacione,
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