Winged Creatures can coexist for the General Court
Written by Jean Philippe Bresson Friday, 30 July 2010 12:54
In case T-361/08, the General Court dismissed the opposition based on a figurative trademark depicting a winged creature against another winged creature. The signs were found to produce a different overall impression while the products were regarded as identical.
The General Court concurred with previous findings of the Opposition Division and of the Board of Appeal and considered the marks to be visually different. Visually, the earlier mark was regarded as not immediately discernable as a peacock while the contested trademark represented a specific stylised peacock and, even if it was admitted that the opposed mark would be perceived as representing a peacock, the signs would still far remove from each other.
French findings in CELINE case after Court of Justice ruling
Written by Jean Philippe Bresson Tuesday, 27 July 2010 13:42
Does everyone remember the preliminary ruling in case C-17/06 of the Court of Justice in the Céline case? Céline SA, holder of the mark CELINE, sought to prevent use of the name Céline by Céline SARL in particular as a company name, trade name and shop name for identical goods.
Back to September 11, 2007, the Court of Justice said that the mere adoption of a mark as a company name or as a shop name offering identical goods does not constitute use of the mark in relation to said goods unless said name is affixed to goods or is being used in a way establishing a link between the name and the goods (what was left by the CJ to the appreciation of national Courts).
Results of latest French TM Attorney exam bring INLEX to 25 TM Attorneys…
Written by Jean Philippe Bresson Thursday, 22 July 2010 10:03
This is great news: 5 jurists who attended to the latest session of the Trademark Attorney exam successfully passed!
Pictured are (from left to right) Aurélie Guetin, Alexandre Novak, Lucie Dambreville and Charline Mesonero, all working at INLEX head office in Paris. Let’s also congratulate Dauphine De Marion De Glatigny (not pictured), working, in INLEX in Bordeaux who successfully passed the exam as well.
This brings INLEX to 25 Trademark Attorneys and makes it the biggest French structure of Attorneys dedicated to Trademarks.
The meaning of VANIA prevents a confusion for the OHIM
Written by Jean Philippe Bresson Monday, 19 July 2010 14:07
On June 25, 2010, the Opposition Division of the OHIM found the earlier French trademark VANIA (covering ‘woman sanitary products namely: periodic napkins and tampons, periodic panties, pantiliners’ in class 5) and the contested CTM for NAVIA (for ‘sanitary components / products for medical purposes’ in class 5 also) to be dissimilar and gave prevalence to the intellectual reference that the opposed mark purportedly conveyed.
Act III in Google AdWords: today’s Court of Justice rulings
Written by Jean Philippe Bresson Thursday, 08 July 2010 13:52
The Court of Justice has today upheld its third decision about Google Adwords system (case C-558/08). The request of preliminary ruling originated this time from the Netherlands. Also, this time the action was not directed against Google.
So what was the situation involved?
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