Source: All England Reporter
Publisher Citation: [2005] All ER (D) 126 (Sep)
Court: Court of First Instance of the European Communities (Third Chamber)
Judge:

Judges Jaeger (President), Tiili and Czucz
Judgment Dates: 22 September 2005

Catchwords

European community - Trade marks - 'Likelihood of confusion' - Opposition proceedings - Application for Community word mark 'TRAVATAN' - Earlier national word mark 'TRIVASTAN' - Whether sufficient evidence of genuine use of earlier mark - Whether likelihood of confusion including likelihood of association - Council Directive (EC) 40/94, arts 8(1)(b), 43(2), (3).

The Case

The Office for Harmonisation in the Internal Market's Board of Appeal had been entitled to conclude that the degree of similarity between the goods in question and the similarity between the word marks 'TRAVATAN' and the earlier word mark 'TRIVASTAN' was sufficiently great for it to be considered that there existed a likelihood of confusion between them, and that registration would, therefore, be refused under art8(1)(b) of Council Regulation (EC) 40-94 (on the Community trade mark).

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