Abstract

The General Court has upheld a decision of the Office of Harmonisation for the Internal Market (OHIM) Board of Appeal that an application made by Kahru Sport Iberica to register a figurative Community trade mark (CTM) comprising the word sport preceded by an element said to resemble a letter ‘K’ did not infringe a K2 Sports Europe GmbH's prior registered word mark ‘K2 Sports’. The case provides useful guidance to trade mark proprietors looking to enforce trade marks that contain a figurative, stylized element intended to represent a letter of the alphabet, coupled with a less distinctive word.

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