Trademarks and wine: the market positioning is not relevant

The EU General Court, with its 14 May 2013 decision in the case T-393/11, dismissed an appeal brought by an Italian high-quality wine producer who suffered the refusal of its Community trademark CA’MARINA on the basis of an earlier word Community trademark MARINA ALTA registered by a Spanish wine producer.

The court affirmed that, in order to assess the likelihood of confusion between the two signs, it should not be considered ‘a specific type of consumer within a larger category of goods, but the average consumer of that category’…

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