More Cfi Decisions That Aren't Inwards English

More CFI decisions that aren't inward English linguistic communication ...

Two to a greater extent than Court of First Instance (CFI) decisions concerning Community merchandise score police accept appeared on the Curia website bearing yesterday's date. Alas, they are unavailable inward English. They are Case T-247/03, Miguel Torres SA v OHIM, Bodegas Muga (Spanish together with French) together with Case T-252/04 Caviar Anzali v OHIM, Novomarket SA (French only).

In Miguel Torres an application was made to register every bit a Community merchandise score the Torre Muga figurative score (above, right) for alcoholic beverages other than beer. Miguel Torres opposed, citing its before international registration of TORRES, also for cast 33 goods. The Opposition Division dismissed the opposition inward a conclusion that was upheld yesteryear the Board of Appeal together with right away also yesteryear the CFI. Without an English linguistic communication text to larn by, the IPKat tin halt produce to a greater extent than than (i) assume that the 2 marks were insufficiently similar to cause confusion inward fifty-fifty the close inebriated of relevant consumers together with (ii) beg the assistance of readers if it turns out that only about pregnant legal betoken is buried amidst the alien text.

In Caviar Anzali Novomarket applied to register every bit a Community merchandise score the Asetra figurative score (left) 'Asetra' for goods inward Classes 29 together with 31. Caviar Anzali opposed, citing its before figurative score 'Astara' (below, right) for goods inward Class 29 together with maintaining that at that spot would survive a likelihood of confusion amidst relevant consumers. The Opposition Division, whose conclusion was affirmed yesteryear the Board of Appeal, rejected the opposition. Caviar Anzali hence appealed to the CFI, argument that the nature of the organisation used before the Board of Appeal requires that, according to the uncovering of appeal,

"the application survive re-examined together with that transmission of the translation later death of the time-limit gear upwards yesteryear the Opposition Division cannot atomic number 82 to rejection of the opposition".

The CFI annulled the Board of Appeal decision. , in i trial once again inviting the assistance of his readers, is curious to know what just was beingness translated. It would survive overnice if CFI decisions could survive translated likewise ...