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Wednesday, 12 July 2006

MORE CFI DECISIONS THAT AREN'T IN ENGLISH



More CFI decisions that aren't in English ...

Two more Court of First Instance (CFI) decisions concerning Community trade mark law have appeared on the Curia website bearing yesterday's date. Alas, they are unavailable in English. They are Case T-247/03, Miguel Torres SA v OHIM, Bodegas Muga (Spanish and French) and Case T-252/04 Caviar Anzali v OHIM, Novomarket SA (French only).

In Miguel Torres an application was made to register as a Community trade mark the Torre Muga figurative mark (above, right) for alcoholic beverages other than beer. Miguel Torres opposed, citing its earlier international registration of TORRES, also for class 33 goods. The Opposition Division dismissed the opposition in a decision that was upheld by the Board of Appeal and now also by the CFI. Without an English text to go by, the IPKat can do more than (i) assume that the two marks were insufficiently similar to induce confusion in even the most inebriated of relevant consumers and (ii) beg the assistance of readers if it turns out that some significant legal point is buried amidst the alien text.

In Caviar Anzali Novomarket applied to register as a Community trade mark the Asetra figurative mark (left) 'Asetra' for goods in Classes 29 and 31. Caviar Anzali opposed, citing its earlier figurative mark 'Astara' (below, right) for goods in Class 29 and maintaining that there would be a likelihood of confusion among relevant consumers. The Opposition Division, whose decision was affirmed by the Board of Appeal, rejected the opposition. Caviar Anzali then appealed to the CFI, arguing that the nature of the system used before the Board of Appeal requires that, according to the notice of appeal,

"the application be re-examined and that transmission of the translation after expiry of the time-limit set by the Opposition Division cannot lead to rejection of the opposition".
The CFI annulled the Board of Appeal decision. The IPKat, once again inviting the assistance of his readers, is curious to know what exactly was being translated. It would be nice if CFI decisions could be translated too ...

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