The Court of Justice of the European Union (CJEU) rules on the damage to the reputation of the OMV brands and finds that such damage has been caused. Insights and explanations from Sylvie Benoliel-Claux, barrister at the Paris Bar.
In this case, the invalidity of the European Union word mark “OMV! By Vagisil” for cosmetics and feminine hygiene products is sought by the proprietor of the earlier European Union trade marks (word and semi-figurative) “OMV” protected for petroleum-related goods and services (classes 1, 4, 37 and 40).
Initially, the European Trade Mark Office (EUIPO) and the Board of Appeal rejected the application for invalidity in its entirety, • on the grounds that there was no similarity between the goods and services and therefore no likelihood of confusion,
• because there was no damage to reputation, considering that no link could be established between the conflicting marks, despite the significant reputation of the earlier “OMV” marks.
However the Court of Justice of the European Union (CJEU) overturned the decision of the Board of Appeal and instead upheld the infringement of the reputation of the earlier marks due to the existence of a link that could be made between these marks.
➡️ When consumers from both the general public and professional circles are present, consideration should be given to the audience with the lowest level of attention, i.e. the general public.
➡️ The earlier OMV marks enjoy …
