Earlier this month came a series of Community trade mark decsions from the Court of First Instance (CFI) that Class 46 has not yet had the chance to mention. They are:

Case T-210/05 Nalocebar v OHIM - Limiñana y Botella (Limoncello di Capri): application to register the sign on the right, opposed by owner of LIMONCELO mark for identical goods. Application refused; appeal dismissed (French language only).

Case T-373/07 EOS v OHIM (PrimeCast): the applicant's PrimeCast word mark was held descriptive and non-distinctive by OHIM for goods in Class 1 and services in Class 40. The CFI has upheld this decision (French and German languages only).

Case T-242/07 Weiler v OHIM - IQNet Association - The International Certification Network (Q2WEB): application to register the word mark Q2WEB -- the opposition based on the sign depicted on the left succeeded and the applicant's appeal was dismissed (French and German languages only).

Case T-346/07 Duro Sweden v OHIM (EASYCOVER): application to register the word EASYCOVER for Class 19: ‘Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal’; Class 24: ‘Textile and textile goods, not included in other classes’; Class 27: ‘Mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)’. OHIM rejected the application for descriptiveness and lack of distinctive character. The CFI allowed the application for 'monuments, not of metal' but dismissed the appeal for everything else.

Case T-7/04 Shaker v OHIM - Limiñana y Botella (Limoncello della Costiera Amalfitana shaker): following extensive litigation as to whether the applicant's figurative mark containing the word "Limoncello" (right) was likely to cause confusion with the opponent's earlier Spanish LIMONCHELO mark for the same product, the matter was remitted to the CFI, which has again upheld the opposition, dealing with both substantive and procedural issues.

Case T-87/07 Scil proteins v OHIM - Indena (affilene): the applicant sought to register the AFFILENE figurative mark (left) for ‘extracts of medicinal plants for use in the pharmaceutical, cosmetic and food industries’ (Class 1). The opponent argued a likelihood of confusion with its earlier CTM for the word AFFILIN for various chemicals in Classes 1 and 5. The Board of Appeal refused the application except for ‘extracts of medicinal plants for use in the pharmaceutical, cosmetic and food industries, not for diagnostic purposes’. The CFI has now annulled that part of the Board's decision.