the trade mark cases of this week, in case T-55/13 the General Court dealt with another dispute (following
Case C‑196/11 P, reported by
Jeremy here) involving several trade marks of ‘the top class of professional
motor racing’, in other words Formula 1.
First, the General Court observed that the Board of Appeal made no clear reference to the relevant public of the goods and services under comparison. However, the Court deduced that the Board of Appeal endorsed the definition of relevant public as set out by the Opposition Division (i.e. ordinary consumers as well as, in respect of some services in classes 38 and 41, professionals) and it sided with both of them. In any event, the parties did not challenge the finding that the goods and services at issue were identical. Therefor, the likelihood of confusion was excluded in the light of the dissimilarities of all marks involved.