Source: All England Reporter
Publisher Citation: [2011] All ER (D) 197 (May)
Court: General Court of the European Union (Second Chamber)
Judge:

Judges Forwood (President), Dehousse (Rapporteur) and Schwarcz
Judgment Dates: 18 May 2011

Catchwords

European Union - Trade marks - 'Likelihood of confusion' - Trade mark application opposed on grounds of similarity with earlier mark - Applicant seeking to register figurative mark with picture of horse in motion and polo player holding mallet - Notice of opposition filed on basis of earlier mark with picture of horse in motion and polo player holding mallet - Second Board of Appeal finding conceptual and visual similarity and likelihood of confusion - Whether Board of Appeal erring - Council Regulation (EC) 207/2009, art 8(1)(b).

The Case

European Union Trade marks. The General Court of the European Union dismissed the applicant's appeal against a finding of the Second Board of Appeal that the signs at issue had a certain degree of visual similarity and significant conceptual similarity and that there was a likelihood of confusion.

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