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Watch On : Retail sale services

New OHIM practice for retail sale services

The OHIM opposition guidelines amended since July, 2006, now states that the comparison of an earlier right for goods with a later sign for retail sale services is subject to the following similarity graduation:

* retail sale without specification of the products are similar to all goods.

* retail sale specifying particular goods … Read the rest

VOLKSWAGEN

In VOLKSWAGEN AG vs. OHIM (January 26, 2006), The European Court of First Instance regarded the above products and services as similar for the sole and unique reason that such services were provided by the same companies that trade motor vehicles.

The justification is in our view more surprising than the solution itself. Firstly, the Court adopts only Read the rest

SFERA / DIOCHI SFERA

In a decision dated last October 17, the Paris Court of Appeal surprisingly considered that the stationery products on the first hand and the printed matters and posters on the other hand were not similar, as the former are meant to be filled by the user, and the latter to be posted up.

The judges also denied similarity between instruction Read the rest

Pointless specific exclusion

On September 10, 2008, the CFI ruled similarity of the trademarks EXE (fig) and EXE in respect of «clothing, excepting shoes » and « shoes for men and women ». The Court focused its comparison on the « clothing » and « shoes » categories without considering the specific exclusion.

This typical case-law shows the lack of efficiency of exclusions … Read the rest

Large similarity for unspecified Retail sale services

On September 24, 2008, the European Court of First Instance ruled that “retail and wholesale services, including on-line retail store services” could relate to all goods.

The Court thus retained a similarity with “clothing, headwear, footwear, athletic bags, backpacks and knapsacks wallets” of the earlier mark.

This establishes the scope of protection of retail sale services without indication of the … Read the rest

Computer softwares” similar to «telecommunications”

The same day, the OHIM ruled the terms “telecommunications” and “computer software for online, interactive, CD-Rom and multimedia use” as similar. The argumentation is proper to have this similarity applied without need of online and interactive features of computer software.
 
Based on today’s provision of software by telecommunications services contracted, the Office broadly considered the complementary nature of these goods … Read the rest

Printers » not similar to «papers»

On January 22nd, 2008, the OHIM denied similarity between printers and papers. They were regarded of different nature and use and not both of high technology, their selling in the same shops being insufficient to consider their similarity.
Surprisingly, the Office ruled at the same time a similarity between printers and cartridge as they are indispensable for office work, used … Read the rest

Lack of similarity between “wines” and “articles of glassware”

On June 12, 2007, the CFI denied similarity between wines and glassware items. These goods were regarded as distinct by nature and use, non interchangeable and not in competition nor produced in the same areas. Their selling or marketing in the same places or for common promotional purposes was not proven to be general enough to establish similarity. The Court … Read the rest