Source: All England Reporter
Publisher Citation: [2005] All ER (D) 301 (Nov)
Court: Court of First Instance of the European Communities (First Chamber)
Judge:

Judges Cooke (President), Labucka and Trstenjak

Judgment Dates: 23 November 2005

Catchwords

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).

The Case

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