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General Court finds ‘CHIARA FERRAGNI’ not confusingly similar to ‘CHIARA’

2019; Oxford University Press; Volume: 14; Issue: 9 Linguagem: Inglês

10.1093/jiplp/jpz090

1747-1540

Eleonora Rosati,

European and International Law Studies

General Court, Serendipity Srl and Others v EUIPO, T-647/17, EU: T: 2019: 73, 8 February 2019 In this decision, the General Court (GC) reversed the earlier decisions of the EUIPO Opposition Division and the Fourth Board of Appeal, and held that the sign ‘CHIARA FERRAGNI’ that the applicant wished to register as an EU trade mark (EUTM) was not confusingly similar to the opponent’s ‘CHIARA’ Benelux trade mark. In 2015, Serendipity Srl, a company of which fashion blogger and entrepreneur Chiara Ferragni is a member, filed an application with the EUIPO to register the sign below as an EUTM for a variety of goods in classes 18 and 25: ... The application was opposed in accordance with Article 8(1)(b) of the EU Trade Mark Regulation 207/2009 (EUTMR; now Article 8(1)(b) of EU Trade Mark Regulation 2017/1001) by a Dutch company that holds an earlier Benelux word trade mark, ‘CHIARA’, also registered in Class 25.