Euromaster; Lladro; Ferro, Ferrero ... Midas

On Th the IPKat mentioned the Euromaster case, which was non available inwards English. He has since received a really helpful banking concern annotation on it from his friend Mélanie Lemeunier, who is currently studying IP inwards London. Mélanie explains:

Jesus Gomez Fria applied to register equally a Community merchandise score a figurative score containing the give-and-take euroMASTER inwards relation to carry services inwards shape 39 together with sports competitions inwards shape 41. Eurodrive Services together with Distribution NV opposed, relying on its before multi-national registration (in France, Spain, Austria, Benelux, Denmark, Finland, the UK, Greece, Ireland, Italy together with Portugal) of the give-and-take merchandise score EUROMASTER for goods together with services inwards Classes 12 together with 37, especially inwards relation to tyres together with auto repairs.

The OHIM Opposition Decision upheld the opposition for carry services inwards shape 39, considering that the goods together with services inwards enquiry were similar, equally were the related signs. The opposition was soundless rejected inwards hence far equally it relied on a French registered merchandise score equally the opponent hadn't proved it owned it. The opposition was too rejected concerning shape 41 equally these goods together with services were non considered similar.

Both parties appealed unsuccessfully against that decision, the First Board of Appeal employing the same arguments equally the Opposition Division. Eurodrive hence appealed to the Court of First Instance (CFI). They argued kickoff that goods inwards shape 41 were too similar together with that at that topographic point was a direct chances of confusion amongst the goods together with services of the before registered merchandise score (tyres could last associated amongst the sports contest especially because of their complementarity together with the extreme similarity of the signs). They too argued that the OHIM determination had non been properly reasoned.

The CFI dismissed Eurodrive's appeal, considering that the populace for shape 12 together with 37 were unlike (the organisers of sports competitions beingness specialised together with especially aware), the goods together with services were unlike together with non complementary (rejecting the comparing amongst the ALADIN case) together with that at that topographic point was no likelihood of confusion; the CFI too considered that the determination had been properly reasoned.

Thanks a million, Mélanie, says the IPKat.


blog on Athinaiki Oikogeniaki Artopoiia AVEE v OHIM, Ferrero OHG mbH reminded me of the recent MIDAS Community registered invalidity determination re a registered 2D logo community pattern invalidated past times an before stylised give-and-take registered merchandise score (see here, here, here and here).

I don't mean value y'all convey covered this inwards your weblog - inwards my sentiment it was the correct determination (i.e. inwards sentiment of likelihood of confusion figurative/word TM cases such equally the above) but the reasons genuinely given were far from company gold". Thanks, Bonita, fifty-fifty if you've only fix the IPKat together with Merpel to a greater extent than or less to a greater extent than weekend homework ...

Myth of King Midas here
King Midas inwards Reverse here