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Odour in the court: CJEU finds that General Court applied the wrong method for comparing trade marks

Date: 27 May 2020

 

Read our case note on case C-328/18 P EUIPO v Equivalenza Manufactory SL, EU:C:2020:156, 4 March 2020

 

In allowing the European Intellectual Property Office’s appeal in trade mark opposition proceedings involving two logos related to perfumes, the Court of Justice of the European Union has held that the General Court wrongly applied the methodology for global assessment of the likelihood of confusion.

 

In reaching its decision, the Court of Justice of the European Union (CJEU) strongly criticized the General Court (GC)’s inconsistent and confusing approach to the comparison of signs which had developed through case law, most notably the fact that it took into account the way perfumes are marketed when determining that, in its view, there was no similarity between the marks.

 

Our full article will be published in the Journal of Intellectual Property Law and Practice

 

Read more here about our work in Trade Marks & Brand Protection 

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