||All England Reporter
|| All ER (D) 301 (Nov)
||Court of First Instance of the European Communities (First Chamber)
Judges Cooke (President), Labucka and Trstenjak
||23 November 2005
European community - Trade marks - 'Likelihood of confusion' - Trade mark application opposed on grounds of similarity with earlier mark - Application for Community figurative mark containing verbal element 'NICKY' - earlier figurative marks containing verbal element 'NOKY' - Whether Board of Appeal right to order remittal to Opposition Division to examine similarity of goods and proof of use - Council Regulation (EC) 40/94, art 8(1)(b).
In the instant case, the similarities between the figurative mark applied for, containing the verbal element 'NICKY', and earlier figurative marks containing the verbal element 'NOKY' were such that the Board of Appeal had been right to hold that a comparison of the goods should be carried our in order to make an overall assessment of the likelihood of confusion within the meaning of art8(1)(b) of Council Regulation (EC) 40-94 (on the Community trade mark).
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