The General Court of the European Union (TGU) now removed the silver appeal of the German toy company Schmidt Spiele against the registration of a Spanish administrator brand of the FIERENTINA DAVID DE GEAIt is considered that there is no risk of confusion between both badges.
The goalkeeper was registered in September 2021 before the Intellectual Property Office of the European Union (Euipo) registering the EU a brand for games, toys, video games, gymnastics and sports articles and Christmas trees with a figurative sign that shows initials (DDGs).
Company Schmidt Spiele contradicts registration, claiming that there is a risk of confusion in the previous international enrollment that the European Union assigned by a figurative brand with a dog acronym that, in the company’s opinion, may be confused with the Footballer brand logo design.
The Euipo declined the opposition in April 2023, but the toy fell in front of the intellectual property office, deleting the complaint, and then before TGUE. The appeal before the US was rejected by consideration that most publicly see the following -following letters “D”, “D”, and “G” and considered “unlikely that a unhappy part of the reference audience” recognizes the following “D”, “or” and “G” or the “dog” in the “D” or “G” or the word “dog” in the logo of the Footballer brand.
The EU agency considered to be the “signs of the conflict” are “almost unlike a graphic and phonetic level, which is not possible to compare them to the concept level and that, even if it assumes the identity of all the products that are being talked about and beyond the level of attention of the reference to the public, they are different from the fact
The German company then organized the TGU, which at its discretion confirmed the US decision and deleted the case. “There is no element that allows us to consider that a neglected part of the public’s reference will see a second letter of such a ‘O’, and that Schmidt Spiele has not provided evidence here,” said the Luxembourg -based court.
The judgment admitted an appeal in front of the EU Court of Justice for two months and ten days and was limited to law issues.
Source: La Verdad
I’m Rose Herman and I work as an author for Today Times Live. My expertise lies in writing about sports, a passion of mine that has been with me since childhood. As part of my job, I provide comprehensive coverage on everything from football to tennis to golf.
