13/03/2017 - The genuine use of a mark during the five year period following registration is examined on the basis of the goods and services as included in the filing - Richard Milchior
Richard Milchior, partner, publishes a summary regarding the case Länsförsäkringar AB against Matek A/S.
The likelyhood of confusion for the use of a logo
Länsförsäkringar AB operates in the fields of banking, investment and insurance, and owns an EU figurative trademark registered on 2008. Matek A/S company, whose principal activity consists in manufacturing and assembling wooden houses, began in 2007 to use a logo whose registration is secured in 2009 for goods.
Registration and use of the mark
Länsförsäkringar AB took the view that Matek A/S had infringed an exclusive right conferred by its EU trademark from using signs similar to its mark in the course of trade in Sweden by the Stockholm District Court. Then, the appeal was made before the Supreme Court of Sweden. The case was grounded on the theory that, during the period of five years following registration of a EU trademark, the assessment of the likelihood of confusion must be based solely on that registration and not on the actual use of the mark.
The supreme court referred the case to the Court of the European Union which found that the referring court had to decide the similarity of the goods and services at issue and the existence of a likelihood of confusion.
This article first appeared on WTR Daily, part of World Trademark Review, in 02/2017. For further information, please go to www.worldtrademarkreview.com
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