Tribunal Supremo (Supreme court) n°1909/2014 – 22 July 2015
The Chamber examines the appeal brought by “J. Garcia Carrion, SA” against the judgment dismissing the appeal against the resolution rejecting the SPTO grant national brand ‘Don Simon works Max “(word), to cover products in Classes 29 and 32 of the International Classification, because of opposition from, among other, marked “Pascual works” (word) .Thus, after rejecting the alleged infringement of art. 67 LRJCA by the judgment under appeal, the High Court to understand that it gave a succinct but substantial enough to arguments made in response instance, if it considers, however, an infringement of Art. 6.1 b) of Law 17/2001, of Trademarks, and the applicable case law.
The court argues essentially that the bench judgment did not assess the individualizing force of the terms “Don Simon” and “Pascual” identifying two renowned business groups in the food sector and particularly in the production and distribution of dairy products and fruit juices, so prevalent that attract the attention of consumers avoiding risk of confusion or association on the origin of the goods claimed is generated, holding the little distinctiveness, in the present case, the término “works” and taking into consideration the ruling of the 1st Chamber of TS to resolve the dispute between the same entities for unfair competition (RC 614/2011).
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