brings you lot word of about other CFI Community merchandise rate judgment. Pedro Díaz 5 OHIM was decided on Tuesday. Díaz applied to register CASTILLO for, inter alia, dairy products. However, Granjas Castelló, the proprietor of an before Castilian mark, EL CASTILLO for condensed milk, opposed the application. In this case, Díaz appealed against the Board of Appeal’s refusal to register its rate for cheese nether Article 8(1)(b), finding that at that spot was a likelihood of confusion because of the similarity of the goods as well as the marks. The CFI dismissed the appeal. Although the marks were pretty clearly similar, the courtroom wasn’t also impressed amongst the Board of Appeal’s reasons for finding that cheese as well as condensed milk were similar. The fact that both condensed milk as well as cheese could hold out used every bit ingredients inward cooking did non brand them similar because this is truthful of virtually other foodstuffs. It was also unlikely that the ii could hold out used every bit substitutes for people who are lactose-intolerant. However, the CFI constitute that the ii were similar every bit they belonged to the same “product family” i.e. although the relevant world would know that the mode inward which the products were manufactured were different, they would hold out aware of the essential characteristics of the ii sets of goods as well as would conclude that those differences did non forbid them from beingness made or sold past times a unmarried undertaking. Also of involvement is the Court’s asset that the fact that the marks were similar as well as the goods were similar meant that at that spot was “prima facie a likelihood of confusion betwixt the marks”. Finally, the CFI commented on the lawsuit of the existence of other similar marks on the marketplace on the likelihood of at that spot beingness confusion, finding that confusion would hold out less probable if i of whatsoever co-existing marks had a reputation.
notes that fifty-fifty inward a relatively routine Article 8(1)(b) illustration such every bit this, the CFI has introduced a twain of novel principles. There is all the same range for farther guidance on the circumstances inward which confusion volition hold out found. Such guidance volition come upwards to low-cal every bit novel fact-patterns are presented before the European Union courts. He observes that the CFI has adopted a Continental approach inward its willingness to expose confusion, prima facie at least, every bit a thing of law, rather than fact, next automatically from the fact of the similarity of the marks as well as the similarity of the goods.
Milk mad? Click here as well as here
Despise dairy? Click here as well as here
Recipes amongst condensed milk as well as cheese here , here and here
notes that fifty-fifty inward a relatively routine Article 8(1)(b) illustration such every bit this, the CFI has introduced a twain of novel principles. There is all the same range for farther guidance on the circumstances inward which confusion volition hold out found. Such guidance volition come upwards to low-cal every bit novel fact-patterns are presented before the European Union courts. He observes that the CFI has adopted a Continental approach inward its willingness to expose confusion, prima facie at least, every bit a thing of law, rather than fact, next automatically from the fact of the similarity of the marks as well as the similarity of the goods.
Milk mad? Click here as well as here
Despise dairy? Click here as well as here
Recipes amongst condensed milk as well as cheese here , here and here
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