The similarity of products of different classes in trademark law

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The similarity of products of different classes in trademark law The classification of trademarks has an administrative scope and serves to organize the filing of the trademark. The Court of Appeal of Aix-en-Provence recalled that clothing (class 25) could be considered similar to perfumes and cosmetics (class 3). The similarity of products of different classes is assessed by taking into account the diversification of the companies. Similarity of goods and services in trademark law In this case, the company Chanel, owner of the trademark GABRIELLE for perfumes and cosmetics in class 3 opposed the registration of a trademark GABRIELLE for […]


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Similarity of signs in trademark law: the SOHO case

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Similarity of signs in trademark law: the SOHO case The European Court of Justice has considered the distinctive character of the term SOHO. Can this name given to a district of London and New York constitute a valid trademark for alcoholic beverages? Does it necessarily indicate the origin of the goods? How is the similarity of signs assessed in trademark law? An English company registers a semi-figurative trademark THE KING OF SOHO. The company Pernod Ricard opposes the registration on the basis of its earlier word mark SOHO. It uses the mark for various alcoholic products in classes 32 and […]


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Infringement action against an influencer

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Infringement action against an influencer Influencers have become more professional since their beginnings. Influencer and advertising agencies have enacted codes of conduct to reassure brands and ensure transparency. However, there are still litigious situations. In the United States, a company took action for trademark infringement against a competitor but also against an influencer. Role of the influencer on social networks An American company Petunia Products is the owner of the trademark BROW BOOST. It markets a mascara for eyebrows under the brand Billion Dollar Brows. A competitor uses the hashtag #BROWBOOST on social networks, especially used by an influencer. The […]


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One trademark, one use, several classes of products?

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One trademark, one use, several classes of products? The Nice Classification is used to organize the filing of a trademark for various goods and services. As a matter of principle, a single product is assigned to a single class. As an exception, only some products can belong to several classes. All the subtlety and complexity of trademark law in a recent decision of the European Union Court, relating to MONSTER energy drinks. The principle of the unique imputation of a trademark The MONSTER trademark has been registered for many years to protect, among other things, “coffee-based drinks” in class 30 […]


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