Defendant: Zainab and Roger Ansell
Case no.: R1416/2021-5
Jurisdiction: European Union
Industry: Fashion
Decision date: 20 Apr, 2022
The earlier goods in class 25 for which reputation has been shown are dissimilar to the contested services in classes 39 and 43. However, the signs are visually aurally highly similar and also aurally similar to an average degree. The invalidity applicant provided evidence on the current trends with regard to marks that are present on the fashion market and evolving towards adjacent markets, such as those in respect of foodstuffs, restaurant services and hotel and temporary accommodation. Therefore it showed that due to a high reputation of the earlier mark there is a link in the sense of Article 8 (5) CTMR and also a detriment to the reputation of the earlier mark. Consequently, the invalidity request has been upheld and the contested mark declared invalid in its entirety.
Zara
Zara Tours
