ARTICLE · 25 FEBRUARY 2010

IP Snapshot - February 2010

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The EU General Court upheld an OHIM Board of Appeal decision that Article 8(5) of the Community Trade Mark Regulation (40/94/EEC, now replaced by 2009/207/EC) did not apply because the visual and conceptual differences between the "G Stor" figurative mark applied for, and the earlier marks relied on, the "G-Star" figurative mark and the word marks G-STAR and G-STAR RAW DENIM, prevented any assumption of a possible link between them.

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Isabel Davies

Tom Scourfield

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TRADE MARKS

G-Star Raw Denim kft v OHIM, General Court, 21 January 2010

The EU General Court upheld an OHIM Board of Appeal decision that Article 8(5) of the Community Trade Mark Regulation (40/94/EEC, now replaced by 2009/207/EC) did not apply because the visual and conceptual differences between the "G Stor" figurative mark applied for, and the earlier marks relied on, the "G-Star" figurative mark and the word marks G-STAR and G-STAR RAW DENIM, prevented any assumption of a possible link between them.

For the full text of the decision, click here (www.law-now.com/gstar).

Audi AG v OHIM, ECJ, 21 January 2010

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