Medinet case: the relevance of colour in the comparison between trademarks

The UE General Court, in the case T-378/11 regarding Medinet trademarks, took position on the relevance of colour in the perception of the relevant public. Franz Wilhelm Langguth Erben & Co filed an application for registration of community figurative trademark, claiming — pursuant to Article 34 of Regulation No 207/2009 (CTMR) — the seniority of earlier national and international figurative marks, representing a gold cross containing the word element Medinet.

The Examiner refused the claim of seniority of the earlier national and international marks since the Community trademark applied for did not designate any specific colour, whereas the earlier national and international marks were golden in colour…

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