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DeutschLimits of the ius utendi conferred by the trade mark. Non-existence of trade mark infringement. Absence of likelihood of confusion. KHAMA vs KALMA COLCHÓN
In summary, the proprietor of the mixed national trade mark KHAMA, the sign of which is brings an action for infringement against the defendant. He bases his claim on the fact that the trade mark distinguishes the trade in mattresses, whereas the defendant distinguishes the mattresses it manufactures by means of the sign KALMA, and that there is a likelihood of confusion. Two facts are of particular relevance. The first is that the claim could not be based on priority of use of the trade mark…
Three-dimensional trade mark conflict: Is there a risk of confusion between these two water bottles?
BACKGROUND OF THE GENERAL COURT The 5 January 2016 Volvis Holding SA filed an application for registration of an EU trade mark for a three-dimensional sign, for Classes 32, 35 and 39. The application was published in the European Union Trade Mark Bulletin on 1 March 2016, and on the 31 May 2016 Sun Stars and Sons Pte Ltd filed a notice of opposition on grounds of likelihood of confusion (Art.8.1b of the European Union Trade Mark Regulation). Contested trade mark three-dimensional sign:…
Lack of individual character in a Community design as a ground for invalidity
Background to the case On 13 March 2019 Creative 7 UK Ltd filed and registered the following travel bag: Distribuzione Junior S.R.L. then submitted an application for a declaration of invalidity on the following grounds: The Community design corresponds to a men's rucksack sold under the name 'Universal Cabin Bag - 2 in 1'. The Community design was invalid ab initie, since at its filing date it did not meet the requirements for registration and had already been disclosed in accordance with…
Is a bullfighter's performance protected by copyright?
Background of the case The background of the case dates back to 2014, when a reputed bullfighter applied for the registration in the intellectual property register of a work entitled "Performance of two ears with request of tail to the bull "Curioso" nº 94, weighing 539 kgs, born in February 2010 at the Garcigrande livestock farm Feria de San Juan de Badajoz, 22 June 2014". This application was rejected and on 10 April 2017, and subsequently a lawsuit was filed before the Commercial Court No. 1…
Has AMEN a meaning for the General Court? Conceptual dissimilarities overweight visual and phonetical similarities.
BACKGROUND OF THE CASE On 3 of May 2018, Ms Isaline Grangé and Ms Alizeé Van Strydonck filed an EUTM application for the word sign “âme”, for Classes 18 and 25. On the 21 August 2018 Nema Srl filed a notice of opposition based on the figurative trade mark “AMEN”, which was already registered in goods for the same Classes. The opposition was relied on grounds of Art.8.1(b) of the European Union Trade Mark Regulation. The Opposition was rejected by the Opposition Division on 25 October 2019.…
“Valentía” as a wine indicator of the Valencian denomination of origin. Denomination of Origin Valencia.
Background of the case On 10 February 2018, Unión Vinícola del Este SL applied for registration of the trade mark "Es Valentía" (word mark) for wines of the Utiel - Requena designation of origin and cavas in Class 33. Opposition to this application was filed by the Regulatory Council of Wines of Valencia Designation of Origin on 28 June 2018 on the grounds of likelihood of confusion and conflict with a prior geographical indication. On 17 March 2020, the Opposition Division rejected the…
The perception of the term TORTA as an indicator of a PDO. Torta del Casar vs. Torta de la Serena
Background of the case On 12 December 2011, the Regulatory Council of the Protected Designation of Origin 'Queso de La Serena' filed the following EUTM application: On 8 March 2012, the Regulatory Council of the Designation of Origin 'Torta del Casar' filed a notice of opposition against all the goods and services in the contested trade mark application on the basis of the following earlier marks: European Union trade mark National trade mark Also on the basis of a European Union PDO No…
The intention of the applicant and the relation with bad faith
Background of the case On 5 July 2019, Murcia Commercial Court No. 2 issued a judgment in the lawsuit brought by the company Aznar Zamora against Exigrup J. Guerrero for infringement of its exclusive rights due to the defendant Exigrup J Guerrero SL's use of the sign "EXIGRUP". The defendant opposed as well as requested the dismissal of the claim, the nullity of the plaintiff's trademark on the grounds of bad faith when it was registered as it coincides with the term that corresponds to the…
The sign´s orientation when assessing the similarity of the trademarks. Chanel vs. Huawei.
BACKGROUND OF THE CASE On 28 September 2017, Huawei filed an application for registration of a EUTM for some of the goods in Class 9. Registration as a mark was sought for the following sign: On 28 December 2017, Chanel filed a notice of opposition which was based first on Article 8.1(b) of the European Union Trade Mark Regulation, and on an earlier French figurative mark, covering, inter alia, goods in Class 9. The opposition was based also on Article 8.5 of the Regulation and on a French…
Advertising without actually selling can be considered as use of the trade mark. IKONIK HOTEL case
BACKGROUND OF THE CASE The applicant High Tech Hotels brought an action against Agincourt seeking a declaration of revocation of the trade mark IKONIK HOTELS, registered for classes 35 and 43, alleging lack of genuine use of the trade mark by the proprietor and having a legitimate interest given that the defendant had opposed its application for the European trade mark ICON HOTELS. The defendant argued that the trade mark was in use, since a hotel was being built in Puebla, Mexico. The website…