Source: All England Reporter
Publisher Citation: [2012] All ER (D) 98 (Oct)
Court: General Court of the European Union (Seventh Chamber)
Judge:

Judges Dittrich (Rapporteur and President), Wisniewska-Bialecka and Prek

Judgment Dates: 10 October 2012

Catchwords

European Union - Trade marks - Registration - Board of Trade of respondent upholding intervener company's opposition to applicant company's registration of word sign ' BIMBO DOUGHNUTS' - Opposition based on earlier Spanish word mark 'DOGHNUTS' - Applicant appealing - Whether respondent infringing relevant provisions of trade mark regulation - Whether likelihood of confusion existing - Council Regulation (EC) 207/2009, arts 8(1)(b), 75, 76.

The Case

European Union Trade marks. The General Court of the European Union dismissed an action brought by a company against a decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in which an objection to the company's registration of a word sign 'BIMBO DOUGHNUTS' was upheld. The General Court took the view, inter alia, that in all the circumstances, the Board of Appeal of OHIM had been correct in concluding that there had been a likelihood of confusion between the company's trade mark and the earlier mark 'DOGHNUTS'.

Practice Areas

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