TRADE MARKS
OHIM v Shaker di Laudato & C Sas (Advocate General)
The Advocate General of the ECJ has recommended that the CFI’s decision in LIMONCELLO be annulled and returned to the Court for a new hearing. The Advocate General considered that the CFI had failed to apply the correct test in determining the overall impression between a figurative mark bearing the words LIONCELLO, and an earlier (word only) national mark LIMONCHELO for identical goods. In particular, the court had been wrong to conclude that only a visual assessment was appropriate, and had failed to take into account the oral and conceptual similarities in carrying out the global assessment.
For the full Opinion of the Advocate General, click here
