Today's Excitement From Luxembourg

Two to a greater extent than Court of First Instance decisions were handed downward today: they are

* Case T-359/02 Chum Ltd v OHIM, Star TV AG: Chum filed to register equally a Community merchandise rate the discussion rate STAR TV, for services inward Classes 38 in addition to 41. Star TV opposed, citing a likelihood of confusion amongst its internationally registered figurative rate STAR TV

for services inward the same classes. Unsurprisingly, the opposition succeeded. Surprisingly, Chum appealed. Unsurprisingly the CFI dismissed the appeal. The CFI was asked to solid put down the obvious, inward the confront of arguments that a figurative rate could get got no verbal element:

"49 Contrary to what the applicant seems to endure maintaining, it must endure acknowledged that, similar the merchandise rate applied for, the before mark, inasmuch equally it is composed of a verbal element, is too capable of beingness reproduced phonetically. Thus, inward this instance, since the phonetic facial expression of the before rate coincides amongst the facial expression of its alone verbal chemical element – the words ‘star TV’ –, which corresponds to the merchandise rate applied for, it must endure held that from the signal of persuasion of phonetics the ii conflicting signs are identical".

* Case T-22/04 Reemark Gesellschaft für Markenkooperation mbH v OHIM, Bluenet Ltd: Bluenet was pushing for registration of the discussion rate WESTLIFE for goods in addition to services inward Classes 9, 16, 25 in addition to 41; Reemark opposed, citing its before German linguistic communication in addition to international registrations of the discussion rate WEST for goods in addition to services inward the same classes. The Opposition Division upheld the opposition on the Earth of likelihood of confusion. The Board of Appeal reversed tha decision, considering that piece the goods in addition to services of the respective parties were piece of job identical in addition to piece of job similar, the rate of similarity betwixt the ii marks was low. Reemark's appeal to the CFI was successful. That courtroom said:

"27 Here, the sign Westlife is composed of ii words joined together, the discussion ‘west’ in addition to the discussion ‘life’. Thus, ‘west’ is i of ii damage which lone cast the rate applied for, Westlife, in addition to the alone term forming the before mark, West.

28 In relation to conceptual similarities, both merchandise marks evoke the thought of the West, since they both comprise the chemical element ‘west’. As to the instant constituent of the rate applied for, the Board of Appeal rightly stated that the discussion ‘life’ may endure recognised past times the relevant world equally beingness the English linguistic communication for the German linguistic communication discussion ‘Leben’ and, accordingly, equally a term amongst an identifiable pregnant rather than a made-up name.

29 Thus, the ‘life’ component, associated amongst the other term comprising the rate (‘west’), may endure taken past times the relevant world equally a reference to a lifestyle.

Westlife's Community merchandise rate application goes due west ...

30 The add-on of the connotation concerning lifestyle is non sufficient to distinguish the ii merchandise marks significantly inward conceptual terms. Since both marks volition endure perceived equally evoking western goods or services inward the representative of West or equally pertaining to a western lifestyle inward the representative of Westlife, they both get got similar connotations, which entails a rate of similarity from the conceptual signal of view".

thinks the Board of Appeal got it correct in addition to hopes Bluenet appeals farther to the ECJ.

Going West here, here , here and here