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Author Topic: Core v. Coren  (Read 276 times)

ipplanet

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Core v. Coren
« on: 02-16-11 at 02:43 am »

OHIM Board of Appeal issued a decision in the case of Tate & Lyle Plc against Cooperativas Ourensanas S. Coop Galega.
In May 2005 Tate & Lyle filed application for an European trademark CORE for Class 42 (scientific research; research relating to foodstuff and food products; professional advisory services relating to food technology; computerized food analysis services; quality control relating to hygiene of food and food stuffs).
Cooperativas Ourensanas filed opposition against the mark on the basis of its earlier mark COREN registered for classes 5, 29, 31, 39, 42.
The Opposition Division upheld opposition for Class 42 as it considers both trademarks similar.
According to the Appeal Board, however, marks are not similar. This conclusion was made because the services in Class 42 concern only professionals in the field of food. These services are not ordered orally but only after detailed study of catalogs and brochures. Thus, the relevant consumers will see the mark before before they choose the service.
Therefore the likelihood of confusion decreases significantly.
http://intellectualpropertyplanet.blogspot.com/2011/02/core-v-coren.html
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