Industrial Property, Trademarks, Application for Registration, Front Rights, Likeness, Confusion Risk, Consumer Average Warning, Normal Level, Exclusion, Commission ruling on appeals against the provisions of the Italian Patent and Trademark Office n. 50/16 of 04 July – 18 August 2016

Article 12, paragraph 1, lett. D, CPI, Code of Industrial Property, (Legislative Decree 10 February 2005, No. 30)

Registration as a trade mark

There are new, in accordance with Article 7, the signs that the date of filing the application

Call up Cass. 7488/2004 and 12860/2005

Essential lines of the sentence

Opposition against trademark application filed with the UIBM – earlier rights, CTMs – Uibm rejection opposition, against the provision, appealed to the Board of Appeals – examination, the figurative one, the other complex, composed of a figurative part and on the one hand, the relative likeness of the marks, the conclusion that the conflicting marks present vague visual similarity, recalled the examination rules affirmed by Cass. 7488/2004 and 12860/2005, parcellized examination for each of them whose distinctive strength is entrusted to one of them constituting the c.d heart, protected for its originality.

The complex brand, as we know, is distinguished from that of the whole in which there is the lack of a characterizing element (the so-called heart) since the various elements are all singularly lacking in individuality, and being only the combination to which these elements give life. , or rather their whole, which can have, as perceived by the market, a more or less accentuated distinctive value.

Warning consumer average, normal level, excluding existence of any risk of confusion between the two brands by the public.

Appeal dismissed with sentence of the appellant to pay court fees.

Source D.G.L.C UIBM Ministry of Economic Development