| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 185 (Oct) |
| Court: | Court of First Instance of the European Communities (Fifth Chamber) |
| Judge: | Judges Vilaras (President), Martins Ribeiro and Jurimae |
| Judgment Dates: | 17 October 2006 |
Catchwords
Trade marks - Community trade mark - Registration - Opposition to registration - Distinctive character - Likelihood of confusion - Council Regulation (EC) 40/94.
The Case
In the instant case, where the applicant had challenged the respondent's Appeal Board's rejection of its objection to a proposed Community trade mark, the Court ruled that the Board had erred in that rejection on the grounds that the similarity between the goods in question, and the risk of confusion between the proposed mark and that held by the applicant. Accordingly, the application was allowed.
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