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FOCUS TALK

In the context of an opposition proceeding, the specification of a trademark covering products/services not included in one class shows difference of practice between the French Trademark Office (INPI) and the European one (OHMI) when assessing the products and services similarity.

The INPI systematically holds as ungrounded the opposition when the prior registration designates products/services not included in class X. … Read the rest

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VIP

December 16, 2005 -OHIM

VIP or VIPS, used and understood in all European Countries, aregeneric indications in all commercial fields to indicate a presumed ˜high class level™ for any products and services, and therefore show limited distinctiveness. As a result, OHIM retains no possible confusion between VIPS and in this proceeding.

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WORLD

 December 16, 2005 -OHIMWORLD/ WORLDBEDS
 
WORLD is usual for products and services connected to travel because of its ability to convey a positive image to the prospective travelers». Then, OHIM denies likelihood of confusion between and .
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POULBOT

It is interesting to reconsider the case rendered by the TGI of Paris on December 7th, 2005 (Pierre Aubry and ADAGP vs. Alain WEILL and St Le Chercheur Midi Editeur), as it constitutes a great illustration of the many stakes affecting the world of art today.

In this case, a collector and expert, by authorizing the reproduction of unpublished drawings … Read the rest

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Nicolas Sarkozy Vs/ Kärcher

On June 2005, at the moment of the Suburbs Crisis, Nicolas Sarkozy announce he wished to clean with a kärcher the 4000 estate of La Courneuve.

During the presidential campaign, these remarks were often taken again. However, KÄRCHER is a trademark owned by the company of the same name which is specialized in the manufacture of the high pressure cleaning … Read the rest

HX/ XH

On January 9, 2006, the OHIM Opposition Division ruled the above similarity considering that the said accessories are intended to replace broken or worn-out parts of vehicles and that they will not only be produced by companies involved in spare parts but also by vehicle manufacturers.
This common sense decision seems to go against the HX vs./ XH Decision of … Read the rest