header-logo header-logo

13 July 2012
Issue: 7522 / Categories: Case law , Law digest , In Court
printer mail-detail

Intellectual property

Hearst Communications Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) T-344/09 [2012] All ER (D) 22 (Jul)

It was well-established that a global assessment of the likelihood of confusion implied some interdependence between the factors taken into account and, in particular, the similarity of the trademarks and the similarity of the goods or services concerned. Accordingly, a low degree of similarity between the goods or services might be offset by a high degree of similarity between the marks, and vice versa. Further, as is apparent from recital 8 in the preamble to Council Regulation (EC) 207/2009, the assessment of the likelihood of confusion depended on numerous elements and, in particular, on the public’s recognition of the trademark on the market in question. The more distinctive the trademark, the greater would be the likelihood of confusion, and therefore marks with a high distinctive character, either per se or because of their recognition by the public, enjoyed broader protection than marks with less distinctive character. The existence of an unusually high level of distinctiveness as a result of the public’s recognition of a mark

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll