Beyond a shadow of a doubt? General Court finds figurative marks 'visually and conceptually' similar
In March 2018, Leighton Cassidy commented in the World Intellectual Property Review on the EU General Court's recent decision in Marriott Worldwide Corp. v EUIPO (T-151/17). The EU General Court annulled a decision of the EUIPO which had previously rejected Marriott Worldwide Corporation's application to invalidate a trade mark.
The General Court has overturned both the Opposition Division and the Board of Appeal and sided with Starbucks, holding that the coffee company's logo is confusingly similar to a "COFFEE ROCKS" roundel mark.
Following the recent European Union trade mark reforms, owners of registered European Union Trade Marks (EUTMs) filed before 22 June 2012 and which cover entire class headings, have been given the opportunity to extend the protection of these marks to cover other goods or services in the same Classes.