Koscher + Wutz v OMI – Kirchner and Wilhelm (KW Surgical Instruments): ECFI 26 Sep 2014

ECFI Judgment – Community trade mark – Opposition proceedings – international registration designating the European Community – Figurative mark KW SURGICAL INSTRUMENTS – Earlier national word mark Ka We – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009 – Appeals procedure – Scope of the examination to be conducted by the Board of Appeal – Proof of genuine use of the earlier mark – Application to the Opposition Division – Refusal registration of the mark applied without examining the condition of genuine use of the earlier mark – Error of law – Power to alter

M me ME Martins Ribeiro, P
T-445/12, [2014] EUECJ T-445/12
Bailii
Regulation (EC) No 207/2009

European, Intellectual Property

Updated: 21 December 2021; Ref: scu.537062