Trademarks: the General Court on the concept of similarity between product and services

By decision filed on 13 February 2014, in the proceedings T-380/12, the General Court partially upheld the action for declaration of invalidity of the Community figurative mark ‘DEMON’ registered in Class 9, covering items including eyewear, sports glasses and ski and snowboard masks, on the basis of the earlier trademark ‘DEMON’ registered in class 28 for snowboarding gear and snowboard protection bags.

In particular, the General Court annulled the decision of the Office for Harmonization in the Internal Market’s (OHIM’s) Board of Appeal, which had dismissed in its entirety the invalidity action of the applicant. The General Court, in fact, cancelled the registration of the later trademark DEMON only in connection with ‘ski and snowboard masks’ considering that only these products can be considered similar to the ‘snow boards’ for which the earlier trademark was registered, with the exception of sports glasses in general…

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