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Court of Justice dismisses appeal in opposition action (FTI Touristik v EUIPO)

Court of Justice dismisses appeal in opposition action (FTI Touristik v EUIPO)
Published on: 04 July 2019
Published by: LexisPSL
  • Court of Justice dismisses appeal in opposition action (FTI Touristik v EUIPO)
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  • What was the background?
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Article summary

IP analysis: The Court of Justice has dismissed an appeal against a decision of the General Court in an opposition action relating to the registration of a figurative EU trade mark comprising the letters ‘F’, ‘L’ and a stylised heart symbol in place of the letter ‘Y’, pursuant to Article 8(1)(b) of Regulation (EC) 207/2009. The Opposition Division had originally upheld the opposition, which was based on an earlier registration for the figurative mark ‘fly.de’, but that decision had been overturned by the Fifth Board of Appeal. The General Court then upheld the Fifth Board of Appeal’s decision on appeal. The Court of Justice agreed with the approach taken by the General Court and confirmed, in particular that, where figurative trade marks are concerned, the presence of the name of the mark in normal script in the European Union Trade Marks Bulletin is irrelevant for the purpose of determining the relevant public’s phonetic perception of the signs in question when assessing the similarity of the mark applied for with an earlier mark. or take a trial to read the full analysis.

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