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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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Battle of the Bambinos goes all the way as appellant asserts right to a fair trial

The decision of the European Union's General Court in Case T‑333/13 Westermann Lernspielverlag GmbH v OHIM, Diset, SA is going on appeal to the Court of Justice in Luxembourg.  This is a battle between two figurative marks each of which features prominently the word "bambino" -- the Italian word for a baby.

terested in goods in Classes 16 and 28. Additionally the applicant, Westermann, wanted protection for its mark (above, right) as a Community trade mark for goods in Class 9 while Diset's earlier Community trade mark (left) was registered for services in Class 41. Diset's opposition was upheld in part and Westermann's appeal against that decision was upheld in part by the Board of Appeal, whose decision was upheld by the General Court.

Now Westermann is appealing, alleging infringement of the principle of the rights of defence and infringement of the principle of the right to a fair hearing and trial. A fresh case number has been allocated, Case C-482/15 P.  If you would like to tell the UK Intellectual Property Office what you think so that it can advise the UK government to take a position, please email policy@ipo.gov.uk by 23 December 2015.

Posted by: Blog Administrator @ 03.27
Tags: CJEU appeal, right of defence, right to a fair hearing,
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