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Journal of Intellectual Property Law & Practice Advance Access published online on August 8, 2007
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpm127
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© The Author (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

‘Donuts’—lost in translation?

Gavin Stenton
Manches LLP, Oxford
Email: gavin.stenton{at}manches.com

House of Donuts International v OHIM, Joined cases T-333/04 and T-334/04, Court of First Instance of the European Communities, 18 April 2007

Finding that the word ‘donut(s)’ was neither generic nor descriptive in the Spanish language, the Court of First Instance (CFI) concluded that this word could constitute the distinctive and dominant component of two figurative Community trade mark (CTM) applications, each of which was found to give rise to a likelihood of confusion with several prior Spanish registrations for ‘DONUT’ (word) and ‘donuts’ (figurative).


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