Plaintiff: NABISCO, INC.
Defendant: ARLUY, S.L
Case no.: R0595/2001-4
Jurisdiction: European Union
Industry: Food and Drink
Decision date: 10 Jun, 2004
There is no need to prove the use of the earlier British TM; it was registered less than five years before the date of publication of the CTM application. There is no likelihood of confusion between the earlier British trade mark and the CTM application. The signs are dissimilar from a visual and phonetic point of view. There is no need to compare the goods. The opposition based on the rest of the earlier rights is also dismissed on the grounds of the lack of proof of use. The documents furnished with the aim of proving use of Spanish trade mark No 711 679 arrived at the Office after the time limit had expired. The appeal is dismissed.
ORE
BOLEO
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