Recent Case Law of trademark oppositions – Focus on the comparison of the goods and services

Published onJuly 2013

This month, we have selected European and French case law focusing on the comparison of the goods and services and the different criteria, in particular those concerning complementarity, used by judges and offices to assess whether or not there is a risk of confusion between the marks for the relevant public.

The retained decisions compare a wide range of goods and services:

  • Live animals and meat (classes 29 et 31), on the one hand, with advertising, commercial agencies, franchising, export and import, wholesaling and retailing of all kinds of foodstuffs and selling via global computer networks of foodstuffs of all kinds (class 35) and Transport, storage and distribution of chickens (class 39), on the other hand;
  • Pharmaceutical products (class 5) with medical and veterinary services, medical assistance, hospital services, nursing homes (class 44);
  • Gymnastic and sporting articles with Category of articles consisting of toys, games and playthings (class 28);
  • Real estate services with financial services (class 36).

The assessment of those criteria is very important to order to select the good classes of goods and services and conduct the necessary availability search prior to any filing or use of a new trademark.

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