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.
News from NCTM
News from The Lawyer
Briefings from NCTM
Advocate-general Pedro Cruz Villalón of the European Court of Justice has ruled on the nature and meaning of the concept of parody.
EU Court of Justice rules against referral to pre-determined percentages relating to the degree of recognition of the mark
The EU Court of Justice recently had the opportunity to clarify a set of crucial issues regarding the distinctive character of colour marks.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms