General Court upholds Board of Appeal's Caffè KIMBO trademark decision
The General Court has upheld the Board of Appeal’s decision that there is a likelihood of confusion between the applicant’s ‘Caffè KIMBO’ mark, covering goods including coffee, flour and preparations made from cereals, bread, pastry and confectionery, and the earlier well-known unregistered Spanish ‘BIMBO’ word mark.
The Opposition Division held that the word CAFFĒ in the applicant’s mark was secondary and had a generic meaning for coffee and the figurative elements were subordinate and would be perceived by the consumer as merely decorative. Although it is generally recognised that a consumer will pay more attention to the beginning of a word sign, the difference between the initial letters K and B before the -IMBO was not determined sufficient enough to displace the overall impression that the marks had an average degree of visually and phonetic similarity. This part of the Opposition Division’s decision was upheld by both the Board of Appeal and the General Court…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
News from Taylor Wessing
Briefings from Taylor Wessing
New rules will apply to most businesses selling to consumers in the EU, including to those selling online from outside the EU, from no later than 13 June 2014.
Last year — 2013 — was a considerably less eventful year for German gambling law than 2012, which saw significant reforms within the industry.
Analysis from The Lawyer
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world
Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town