The EUIPO Cancellation Division has examined recently the invalidity action filed by LEOPARD S.A. against international registration designating the European Union No. WO 1264418 `ESPRESSOLAB roasted with passion` (fig.) in the name of Eslab Kahve Gida Sanayi Ve Ticaret Anonim Sirketi.
The invalidity action was based on a likelihood of confusion under Article 8(1)(b) EUTMR with the earlier European Union trademark registration `0` (fig.), No. EUTM 010450161, due to the potential similarity of the earlier mark and identity and similarity of the relevant goods and services.
The Cancellation division concluded that there is no likelihood of confusion on the part of the public, even in the case of similar goods. In the result, the application for invalidity was dismissed. The decision of the Cancellation division was not appealed further and came into legal force.
In the result, Agency TRIA ROBIT one more time has successfully assisted to the client to defend his trademark rights. The case was successfully held by the trademark attorney Bronislavs Baltrumovics.
