Medinet case: the relevance of colour in the comparison between trademarks
The UE General Court, in the case T-378/11 regarding Medinet trademarks, took position on the relevance of colour in the perception of the relevant public. Franz Wilhelm Langguth Erben & Co filed an application for registration of community figurative trademark, claiming — pursuant to Article 34 of Regulation No 207/2009 (CTMR) — the seniority of earlier national and international figurative marks, representing a gold cross containing the word element Medinet.
The Examiner refused the claim of seniority of the earlier national and international marks since the Community trademark applied for did not designate any specific colour, whereas the earlier national and international marks were golden in colour…
If you are registered and logged in to the site, click on the link below to read the rest of the NCTM briefing. If not, please register or sign in with your details below.
News from NCTM
Briefings from NCTM
The European Court of Justice has ruled on the risk of dilution as ground for refusal pursuant to article 8(5) of the regulation number 207/2009 (CTMR).
The Italian Supreme Court has overruled the Court of Appeal’s decision that considered legitimate the use of Ferrari trademarks by an unofficial Ferrari owners’ association.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms