Source: All England Reporter
Publisher Citation: [2008] All ER (D) 261 (Dec)
Court: Court of First Instance of the European Communities (First Chamber)
Judge:

Judges Dehousse (President), Tiili (Rapporteur) and Wisniewska-Bialecka
Judgment Dates: 16 December 2008

Catchwords

European Community - Trade marks - Registration - Community trade mark - Applicant applying to register trade mark with respondent - Opponent filing notice of opposition on ground of similarity with earlier trade mark - Opposition upheld in part - Applicant lodging appeal with respondent appeal board - Appeal board dismissing appeal in part - Whether board erring - Council Regulation (EC) 40/94, art 8(1).

The Case

European Community Trade marks. The Court of First Instance of the European Communities upheld a decision to reject an application for registration of a trade mark where there was a degree of similarity between the marks applied for and earlier trade marks, giving rise to a likelihood of confusion on the part of the public.

Practice Areas

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