Monkey business

Abstract

Case T-548/17 VF International Sagl v EUIPO—Virmani (ANOKHI) ECLI:EU:T:2018:686, General Court of the European Union, judgment of 16 October 2018 The General Court has annulled a decision of the Fourth Board of Appeal of the European Union Intellectual Property Office, rejecting VF International’s opposition based on its earlier ‘Kipling’ figurative marks to an EU trade mark application by Mr Ken Virmani for a figurative mark featuring the word element ‘ANOKHI’ applied for in respect of a variety of goods and services including bags in Class 18 of the Nice Classification. In 2014, Mr Ken Virmani filed an EU trade mark application for the following figurative sign: The application covered a variety of goods in Classes 9, 14, 18 and 25, including jewellery in Class 14, bags in Class 18 and clothes in Class 25. VF International opposed the application under Articles 8(1)(b) and 8(5) of Regulation 207/2009 (now Regulation (EU) 2017/1001—EU Trade Mark (EUTM) Regulation). VF International relied on its two earlier EU trade marks depicted below, both covering a variety of goods and services in Classes 9, 14, 16, 18, 24 and 25, including jewellery in Class 14, bags in Class 18 and clothing in Class 25.