Source: All England Reporter
Publisher Citation: [2002] All ER (D) 328 (Oct)
Court: Court of First Instance of the European Communities (Fourth Chamber)

Judges Vilaras (President), Tiili and Mengozzi

Judgment Dates: 23 October 2002


European Communities - Trade mark - Community trade mark - Registration - Distinctive character - Opposition to registration - Likelihood of confusion with earlier mark - Council Regulation (EC) No 40/94, art 8(1)(b).

The Case

The Office for Harmonisation in the Internal Market (Trade Marks and Designs) had been right to refuse registration of a trade mark where there was a likelihood of confusion between the mark claimed and an earlier mark for the purposes of art8(1)(b) of Council Regulation (EC) No40-94.

Practice Areas

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