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DeutschCOMMUNITY TRADE MARK. OPPOSITION PROCEEDINGS AND RELATIVE GROUNDS FOR REFUSAL. AQUALOGY/AQUALIA.
Judgement of the General Court, 25 February 2016. Case: T-402/14 FCC Aqualia, S.A vs. OHIM. Likelihood of confusion. Article 8(1)(b) and 5, of Regulation (EC) Nº 207/2009: “if because of its identity with or similarity to the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected; the likelihood of confusion includes the…
DISTINCTIVE CHARACTER OF THE “COINTREAU” BOTTLE REGISTERED AS A THREE-DIMENSIONAL TRADE MARK
The COINTREAU Company filed a claim for infringement of the international, three-dimensional trade mark Nº 553.499 consisting of a bottle with certain features for Classes 32 and 33 with effect in Spain, against the companies Vidirerías Masip, S.A., Licores Deva, S.A. and Destilerías La Vallesana, S.A. for the manufacture and marketing of a liqueur presented in a bottle basically identical to that of the mentioned brand, COINTREAU, without their authorisation. The plaintiffs opposed this…
TAKING LEGAL ACTION FOR INFRINGEMENT OF A COMMUNITY TRADE MARK ALTHOUGH A LICENCEE IS NOT ENTERED IN THE REGISTER
In its Judgement of 4 February 2016, the Court of Justice resolved the following preliminary ruling question: Does the first sentence of Article 23.1 of the (EC) Council Regulation 207/2009, of 26 February 2009, referring to a Community trade mark, “Legal acts referred to in Articles 17, 19 and 22 concerning a Community trade mark shall have effects vis-à-vis third parties in all the Member States only after entry in the Register” preclude a licensee who is not entered in the Register from…
COMMUNITY TRADE MARK. Zitro IP Sàrl (Triple Bonus).
Judgement of the General Court, 14 January 2016. Case: T-318/15 Zitro IP Sàrl vs OHIM. Descriptive character. Article 71)(c), and 2, of Regulation (EC) Nº 207/2009: “the registration of trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service will be refused…