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The European Union's General Court has ruled in favour of Catalan television in a trademark dispute

2020 years 2 month 6 day, The European Union's General Court of Justice has ruled against Catalonia's public broadcaster TV Catalunya (Televisió deCatalunya) With a broadcasting company in Paris LaTV3D Between the trademark dispute dismissed by the European Union Intellectual Property Office (EUIPO) Decision of, Ruled in favour of Catalan television.


before, Catalan television has targeted LaTV3D corporate "LaTV3D" An objection was filed to the trademark registration application.


It is known that, LaTV3D The company is a provider of 3D A video-on-demand service for shows.


Catalan TV said, "LaTV3D" Mark and "TV3" Channel name (Has been registered as a trademark) Very similar, It is easy to confuse consumers.


"LaTV3D" Mark sum "TV3" Trademarks are applicable to No 38 and 41 class, Telecommunications and other related services are covered.


EUIPO Have done in favor of LaTV3D Corporate decision, It was determined that there was little resemblance between the two signs, and "TV3" Trademarks do not have distinctive characteristics.


subsequently, Catalan television's operating agency, Catalan Audiovisual Media (Corporació Catalana de Mitjans Audiovisuals) Aim at EUIPO The decision was appealed to the European Union's General Court.


The General Court of Justice of the European Union held that, EUIPO underestimate "LaTV3D" Mark sum "TV3" The similarity between trademarks.


The court stated that, Cannot exclude "LaTV3D" The logo may be construed to imply offering 3D Catalan TV for the show "TV3" channel.


The EU General Court also said, EUIPO overemphasize "LaTV3D" In mark "La" element. And the court said "La" The element is not enough to "LaTV3D" Mark and "TV3" Trademark differentiation.


The EU General Court concluded, EUIPO exclude "LaTV3D" Mark sum "TV3" There is a possibility of confusion between trademarks, Not only is it a mistake to underestimate the visual and phonetic similarities between the two symbols, They also wrongly deny their conceptual similarity. The court eventually reversed the decision EUIPO Judgment of decision.


The EU's General Court also ordered both sides to bear their costs. (Compiled from www. worldipreview. com)


Reprinted from China Intellectual Property Network   translation: Li Yanqiu proofread: Liu Peng




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