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Author Topic: A trademark for cleaning devices against a design for cleaning devices  (Read 1444 times)


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An interesting case receives its decision announced by the Cancellation Division of OHIM.
The case concerns a dispute between a registered design for a container-cleaning spray and holder of a prior right to a registered European trademark- container-cleaning spray

Each of the two devices consists of a rectangular body with a round sponge on one side and a spray bottle housed on the other side. In the RCD the round sponge and the top of the spray bottle are covered by transparent caps. No such caps are present in the CTM. Furthermore, the device of the RCD has a transparent section in the lower right portion which allows seeing the bottom of the spray bottle.
The holder of the earlier mark considering that the design violates his rights and could lead to consumer confusion................


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