|Snowy never could decide whether|
she needed glasses for reading Court
of Appeal decision ...
A. Where a trader has separate registrations of Community trade marks forThis Kat has not had time to read the 187 paragraph judgment yet (at the time of posting, it wasn't yet on BAILII but you can read it here), but will return to it tonight unless one or other of his colleagues kindly gets there first and writes the decision up for him.
(i) a graphic device mark;
(ii) a word mark;
and uses the two together, is such use capable of amounting to use of the graphic device mark for the purposes of Article 15 of Regulation 40/94? If yes, how is the question of use of the graphic mark to be assessed?
B. Does it make a difference if:
(i) the word mark is superimposed over the graphic device?
(ii) the trader also has the combined mark comprising graphic device and word mark registered as a Community trade mark?
C. Does the answer to A or B depend upon whether the graphic device and the words are perceived by the average consumer as (i) being separate signs; or (ii) each having an independent distinctive role? If so, how?
E. If so, is it relevant as part of the global assessment that the defendant itself is associated in the mind of a significant portion of the public with the colour or particular combination
of colours which it is using for the sign complained of?