Out-of-time requests and likelihood of confusion between marks containing foreign names

Abstract

The General Court held that requests under Articles 54(2) (acquiescence) and 57(2) and (3) (proof of genuine use) of the Community Trade Mark Regulation (CTMR), made for the first time before the court and the Board of Appeal, were inadmissible, as out of time. Assessing the likelihood of confusion between an earlier national mark and a Community trade mark, the court provided useful guidance on how to assess visual, phonetic and conceptual differences, with particular regard to the relevant public's perception of names of foreign origin.