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Monday, 4 October 2004

VITAKRAFT and NLSPORT UP FOR APPEAL


According to the ECJ diary, the European Court of Justice's Court of First Instance should be giving the following judgments on Wednesday morning:

* Case T-356/02 Vitakraft-Werke Wührmann v OHIM - Krafft. This appeal arises from OHIM's decision to allow the registration of VITAKRAFT as a Community trade mark for products in Classes 1, 3, 4, 12 and 19, notwithstanding the existence of an earlier national word and figurative mark "krafft" for goods in the same classes.

* Joined Cases T-117/03, T-118/03, T-119/03, T-171/03 New Look v OHIM - Naulover. This appeal arises from OHIM's decision to allow the registration of the figurative mark NLSPORT as a Community trade mark for products in Classes 3, 14, 18 and 25, notwithstanding the existence of the earlier Community figurative mark "NL" for goods in Class 25.

The IPKat's tip: both appeals will be dismissed so far as the issue of likelihood of confusion is concerned.

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