header-logo header-logo

18 September 2008
Issue: 7337 / Categories: Case law , Law digest
printer mail-detail

Trade marks

Honda Motor Europe Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) [2008] All ER (D) 35 (Sep)

Under Art 8 of reg 40/94 (opposition to the registration of a trademark by the proprietor of an earlier trade mark), the risk that the public might believe that the goods or services in question come from the same undertaking or from economically-linked undertakings, constitutes a likelihood of confusion. Account should be taken of the similarity between the trade marks and between the goods or services.

The global assessment of the likelihood of confusion should be based on the overall impression given by the marks, bearing in mind their distinctive and dominant components.

A complex trade mark could be regarded as being similar to another trade mark which is identical or similar to one of the components of the complex mark, unless that component forms the dominant element within the overall impression created by the complex mark (as where that component was, by itself, likely to dominate the image of that mark which the relevant public kept in mind, with the result that all the other components of the mark were negligible within the overall impression created by it).

The more distinctive the earlier mark, the greater is the likelihood of confusion and therefore marks with a highly distinctive character, either per se or because of the recognition they possess on the market, enjoy broader protection than marks with a less distinctive character.
 

Issue: 7337 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll