ARTICLE · 30 APRIL 2008

IP Snapshot: April 2008

CMS Cameron McKenna Nabarro Olswang

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OHIMs Second Board of Appeal (the "Board") has dismissed Googles appeal against an opposition to Googles Community application to register the mark GMAIL for services in class 38 including telecommunications and electronic mail services.

United KingdomIntellectual Property

Isabel Davies

Tom Scourfield

Bringing you monthly news of key developments in intellectual property law.

TRADE MARKS

Google Inc v Daniel Giersch (The Second Board of Appeal of OHIM)

OHIMs Second Board of Appeal (the "Board") has dismissed Googles appeal against an opposition to Googles Community application to register the mark GMAIL for services in class 38 including telecommunications and electronic mail services.

For the full text of the decision, click here.

L & D SA v OHIM (Advocate Generals Opinion)

The Advocate General has disagreed with the CFI that there is a likelihood of confusion between two device marks depicting fir trees for air fresheners. An absolute ground for refusal of registration of a mark under Article 7 of the Regulation could be considered in opposition proceedings under Article 8. The CFI has also wrongly found that the earlier mark had a distinctive character based solely

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