Source: All England Reporter
Publisher Citation: [2005] All ER (D) 236 (Nov)
Court: Court of First Instance of the European Commissioners
Judge:

Judges Cooke (President), Garcia-Valdecasas and Trstenjak

Judgment Dates: 17 November 2005

Catchwords

European community - Trade marks - 'Likelihood of confusion' - Opposition proceedings - Application for Community word mark - ALREX - Earlier national word mark - ARTEX - Whether likelihood of confusion existing between marks at issue - Council Directive (EC) 40/94, arts 8(1)(b).

The Case

On an appeal from the decision of the Third Board of Appeal of the Office for the Harmonisation in the Internal Market (Trade Marks and Designs), the court held that, having regard to the high degree of similarity between the signs in question and the degree of similarity between the goods concerned, the differences between them were not sufficient to remove a likelihood of confusion in the perception of the relevant public within the meaning of art8(1)(b) of Council Regulation (EC) 90-94 (on the Community trade mark). Accordingly, the applicant's opposition to the registration of the intervener's mark would be upheld.

Practice Areas

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