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BBQ

On January 8, 2007, the Board of Appeal denied registration to an orange colour mark in classes 35, 37 and 39. For the Board, the distinctiveness of a colour per se without prior proven use was inconceivable, except in specific circumstances.   Also, the sign was a secondary colour for which a monopoly would unduly…

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OKAY

On January 17, 2007, the CFI rejected a trademark application for an embossing of kitchen towels in classes 16 and 21 as consumers would either regard the embossing as referring to the absorption properties of the products or consider it as purely made for aesthetic or decorative purposes. The sign that was applied for was…

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« Argus de l’automobile »

    On January 23, 2007, the French High Court rejected an unfair competition action initiated by the publisher of the « Argus de l’automobile » magazine (i.e. « glass’s guide ») against the domain name argus.fr. The Court considered that ARGUS is a usual term. Despite the great success of the magazine and all the investments that were…

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« Clothes » are not similar to « school equipments, travel bags, rucksacks »

 « Clothes » are not similar to « school equipments, travel bags, rucksacks » In a case opposing trademarks ROXY, ROXY GIRL, and ROXY SURF to ROXY LIFE, the French Supreme Court denied similarity of clothes with bags and school equipment on November 28, 2006 The judges argued that they did not have to determine whether, due to the…

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Venado VS Vekkk

  VS./     On December 14, 2006, the Court Of First Instance confirmed the risk of confusion between these two marks for drinks of classes 32 and 33. For the Court, both trademarks are composed of a representation of a deer’s head that dominates the word element. I ntellectually, the signs coincide with the…

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CELLTECH

On December 14, 2006 the ECJ Advocate General concluded in favour of the rejection of the CELLTECH word mark in classes 5 (pharmaceutical, veterinary and sanitary preparations, compounds and substances), 10 (surgical, medical, dental and veterinary apparatus and instruments) and 42 (research and development services and consultancy services, all relating to the biological, medical and…

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« Salted biscuits » different from « sugared biscuits »

« Salted biscuits » different from « sugared biscuits » On December 15, 2006, the CFI retained that FERRO and FERRERO were not similar and that « salted biscuits » and « sugared biscuits » were neither. The Court argued that these products are not eaten on the same occasions, are neither complementary nor interchangeable, and that consumers show special attention when buying…

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MAGIC SEAT vs./ SEAT SA

MAGIC SEAT vs./ SEAT SA The Opposition Division and the Board of Appeal recognized a risk of confusion between SEAT and MAGIC SEAT considering the high distinctiveness and reputation of SEAT in Spain for cars. The applicant has just brought the case before the CFI, claiming that the signs are visually dissimilar due to the…

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