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22/02/2018 - World Trademark Review - "Hug wins opposition case against GULLON DARVIDA mark"

Richard Milchior, IP Partner, wrote an article in the World Trademark Review.

Background

In Gallettas Gullon v EU Intellectual Property Office (EUIPO) (T-456/16), Spanish company Gallettas Gullon applied to register the word mark GULLON DARVIDA in Class 30. The application was opposed by Hug AG on the basis of its prior DAR VIDA international mark covering a number of EU countries and its DAR VIDA national marks. The opposition was rejected as Hug failed to prove that it owned the prior international mark. The mark had been registered under the name Hug AG Zwieback & Biscuits and there was insufficient evidence to prove use of the various prior national marks.

This decision was cancelled by the EUIPO Board of Appeal, which held that the fact that the international World International Property Organisation (WIPO) Romarin database listed Hug AG Zwieback & Biscuits did not mean that Hug AG could not file an opposition and that the small differences between the mark as filed and its use were not enough to refuse it as evidence of use. It also found that the relevant territory to examine the likelihood of confusion was Germany and that the products and signs were similar. The opposition was therefore accepted on the basis of the international mark. This decision was then appealed.

To sum up the article:

- General Court has upheld a decision finding that there was a likelihood of confusion between the mark GULLON DARVIDA and earlier DAR VIDA marks
- The goods designated by the marks were found to be identical
- This increased the likelihood of confusion, despite the fact that the signs had an average degree of visual and phonetic similarity

Read full article

Source : World Trademark Review

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    Richard Milchior