El Corte Ingles v OHMI- Abril Sanchez and Ricote Saugar (Boomerang): ECFI 17 Jun 2008

ECFI Community trade mark Opposition proceedings – Application for registration of the Community figurative mark BoomerangTV – Earlier national and Community word and figurative marks BOOMERANG and Boomerang Relative grounds for refusal – No likelihood of confusion – No well-known trade mark within the meaning of Article 6bis of the Paris Convention – No damage to reputation – Failure to produce evidence before the Opposition Division of the existence of certain earlier trade marks or translations thereof Production of evidence for the first time before the Board of Appeal Article 8(1)(b) and (2)(c), Article 8(5) and Article 74(2) of Regulation EC No 40/94 Rule 16(2) and (3), Rule 17(2) and Rule 20(2) of Regulation (EC) No 2868/95.

Citations:

T-420/03, [2008] EUECJ T-420/03, [2008] ETMR 71

Links:

Bailii

Statutes:

Regulation EC No 40/94, Regulation (EC) No 2868/95

Jurisdiction:

European

Intellectual Property

Updated: 07 October 2022; Ref: scu.270308