Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

15/04/2018 - Adidas can object to the registration, as a Union trade mark, of two stripes parallels (instead of three) affixed to shoes

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Articoli Correlati: EU trade mark

In 2009 and 2011, the Belgian company Shoe Branding Europe asked the Office of the Union European Intellectual Property Office (EUIPO) 1 the registration of two EU trademarks, one for footwear and the other for safety shoes. Adidas company has proposed opposition to the registration of the aforementioned brands. With two decisions in 2015 and 2016, EUIPO accepted the oppositions of Adidas. In particular, EUIPO considered that, given a certain similarity between the conflicting marks and the high reputation of the earlier Adidas brand, there was a risk that the relevant public would establish a link between the conflicting marks and that the use of the marks applied for can have an unfair advantage of reputation of the Adidas brand. With the rulings T-85/16 e T-629/16 Shoe Branding BVBA/EUIPO, the Court of the European Union rejected the appeals proposed by the Shoe Branding Europe against the two decisions of EUIPO and therefore confirms these decisions.