European Union Trademark Registration – Opposition proceeding "Elena" v "Elena Sivoldaeva"
After the application for EUTM registration is filled, the opponent could oppose by opposition against the contested good and services. One of the most common grounds for that is likelihood of confusion, described in EUTM Regulation 207/2009. Thereby on 25th of January 2017, the Opposition Division of EUIPO issued a decision with regard to opposition, brought by the opponent Reckitt Benckiser S.L. from Spain and Elena Sivoldaeva from Russia. The opponent invoked Article 8(1)(b) EUTMR, namely a likelihood of confusion. It means that there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings. The contested goods are from the classes of soaps of all kinds, perfumery, softeners and etc.
In those cases, one the main factor, that should be taken into account, is the distinctiveness of the earlier EUTM. The opponent did not explicitly claim that its mark is particularly distinctive by virtue of intensive use or reputation. In the present case, the earlier EUTM registration as a whole has no meaning for any of the goods in question from the perspective of the public in the relevant territory. Therefore, the distinctiveness of the earlier mark must be seen as normal. Therefore, the outcome is no likelihood of confusion exists with respect to those goods.
The decision rejected the opposition in its entirety and ordered that the opponent will bear the costs.
For similar cases, visit our website:
- Opposition against European trademark application and rejection of EU trademark registration: http://gencs.eu/news/view/3519
- Opposition against application of a trademark registration in Europe: http://gencs.eu/news/view/3501
This Article is prepared by the EU trade mark attorney Mr. Valters Gencs, for more information contact the legal expert at firstname.lastname@example.org
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