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The lego brick partially cancelled



On July 10, 2006, the Board of Appeals ruled an invalidation claim against the lego brick Community trademark and decided it was not registrable for « construction toys» in Class 28.

The Board first considered that each element of the brick was necessary to obtain a technical result in light of several UK patents describing the functional elements … Read the rest


Cremilk vs./ Milkcrem

On July 14, 2006, the OHIM upheld that the two marks above were similar despite of the reverse order and of the additional M-letter in MILKCREM.

For the Examiner, the signs visually have the same word elements, phonetically are identical if inverted and are intellectually linked whereas of limited distinctiveness.

The decision is not so surprising in light of the … Read the rest


SPAM lacks distinctiveness for computer and communication services

On July 19, 2006, the OHIM Board of Appeals confirmed the Examiner rejection of the word mark SPAM in classes 36, 38 and 42 for lack of distinctiveness.

For individuals familiar with the use of computers and interested in networking and electronic communications, SPAM would unambiguously indicate services that are intended to guarantee spam free communication and thus describe the … Read the rest


The Rubiks Cube trademark is fully distinctive



The creator of the well-known game Rubiks Cube, and his licensing company sued for counterfeiting acts a French company on the basis of their community three-dimensional trademark representing the famous cube.

The defendant tried to obtain the cancellation of the mark arguing on one hand that the shape of the game could not be dissociated from its technical … Read the rest

similarity of clothing and eyeglass

On December 2nd, 2005, the Paris Court of Appeal considered that clothing and eyeglasses should be regarded as similar products.For the French Judge, eyeglasses have become fashion and clothes accessories.
The diversification policy of fashion houses reflects this situation. DIOR for instance systematically offers for sell accessories including eyeglasses together with their luxury products collections. This decision overextends the similarity … Read the rest


The European Court of First Instance denied the risk of confusion between the word marks ECHINACIN and ECHINAID for nutritional supplements in class 5.
The decision states that consumers who are interested by such products pay more attention to them and are therefore supposed to have a higher degree of information and attention. As a consequence, consumers can,(enlever la virgule) … Read the rest