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…

Click on the link below to read the rest of the NCTM briefing. 

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from NCTM

View more briefings from NCTM

Analysis from The Lawyer


Via Agnello 12

Turnover (€m): 77.00
Jurisdiction: Italy