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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THURSDAY, 31 MARCH 2016
Do's and don'ts of EU trade marks in General Court: Curodont v. Eurodont
In Case T‑53/15, the General Court upheld the findings of the EUIPO's BOA in the following opposition:
credentis AG- contested CTM
Aldi Karlslunde K/S -earlier Danish mark
Class 3: ‘Cleaning and polishing preparations for use in dental technology and dental practices; Dentifrices, Mouthwashes, Cosmetics’;
Class 44: ‘Hygienic care for human beings’
Class 3 ‘Mouth washes and dentifrices, not for medical purposes, in particular tooth pastes and mouth washes’.
The First Board of Appeal annulled the decision of the Opposition Division.
Notwithstanding the possibility that part of the relevant public has a higher level of attention, the BoA correctly found that the relevant public in regard to which the likelihood of confusion between the signs had to be assessed was composed of average consumers with an average level of attention
Moreover, the goods and services concerned are identical or similar. There is a certain relationship of complementarity between the goods in Class 3 and the services in Class 44 as they share the same overall purpose, namely hygiene and beauty care. Hygiene care for human beings forms a vast category aiming at washing and purifying the human body. Similarly, dentifrices and mouth washes are intended to be brought into contact with the human body, particularly with the mouth, in order to cleanse, freshen, protect or maintain it in good condition.
Having regard to the fact that the sign applied for reproduced a significant part of the earlier sign, to the visual and phonetic similarities of the signs at issue, to the absence of any clear conceptual difference (taken as a whole, neither of the two signs has any everyday meaning in Danish) between the signs at issue, and to the average distinctiveness of the earlier trade mark, there is a likelihood of confusion within the meaning of Article 8(1)(b) of Regulation No 207/2009.
Posted by: Laetitia Lagarde @ 20.13
General Court, curodont, eurodont, denmark, likelihood of confusion,
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