Source: All England Reporter
Publisher Citation: [2005] All ER (D) 335 (Nov)
Court: Court of First Instance of the European Communities (Third Chamber)
Judge:

Judges Jaeger (President), Tiili and Czucz

Judgment Dates: 24 November 2005

Catchwords

European community - Trade marks - 'Likelihood of confusion' - Trade mark application opposed on grounds of similarity with earlier mark - Application for Community word mark 'ARTHUR ET FELICIE' - Earlier figurative mark containing word 'ARTHUR' - Whether respondent's Board of Appeal entitled to find likelihood of confusion - Council Regulation (EC) 40/94, art 8(1)(b).

The Case

In the instant case, the similarities between the word sign applied for, 'ARTHUR ET FELICIE', and an earlier figurative mark containing the verbal element 'ARTHUR', both in respect of goods in class 25, were such that the Office for Harmonisation in the Internal Market's Board of Appeal had been right to conclude that there was a likelihood of confusion between them within the meaning of art8(1)(b) of Council Regulation (EC) 40-94 (on the Community trade mark).

Practice Areas

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