Source: All England Reporter
Publisher Citation: [2006] All ER (D) 43 (Apr)
Court: Court of First Instance of the European Communities (First Chamber)

Judges Cooke (President), Garcia-Valdecasas and Labucka

Judgment Dates: 5 April 2006


European community - Trade marks - 'Likelihood of confusion' - Trade mark application opposed on grounds of similarity with earlier mark - Application for figurative mark containing word element 'SELEZIONE ORO Barilla' - Earlier word marks 'ORO' and 'ORO SAIWA' - Whether sufficient visual, aural and conceptual similarity between dominant components of marks giving rise to likelihood of confusion - Council Regulation (EC) 40/94, art 8(1)(b).

The Case

The Office for Harmonisation in the Internal Market's Board of Appeal had been entitled to conclude that the degree of similarity between the figurative mark containing the word element 'SELEZIONE ORO Barilla' and the earlier word marks 'ORO' and 'ORO SAIWA' was not sufficiently great for it to be considered that there existed 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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