The sun won’t come out tomorrow: Sunparks Holiday Parks vs Sun Park Holidays

The applicant filed a Community trademark application for a mark covering services including travel services and holiday camps. An opposition was filed based on a Community trademark registration covering identical services.

Perhaps not surprisingly, the opposition succeeded at the Office of Harmonization for the Internal Market (OHIM) and the applicant’s appeal was rejected by the Boards of Appeal. The applicant appealed further to the General Court.

It submitted that the word element ‘Sun Parks’ in the earlier mark and the words ‘sun’, ‘park’ and ‘holidays’ in its mark were descriptive of holidays and therefore these words do not constitute the dominant elements of the marks…

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