ContextLogic Inc. v. SIRIUS ITHALAT IHRACAT SANAYI VE TICARET LIMITED SIRKETI

ContextLogic Inc.

Case details

Case no.: R1137/2022-1

Jurisdiction: European Union

Industry: Retail

Decision date: 17 Feb, 2023

Decision

The Board endorses the Opposition Division's finding that the goods and services under appeal are dissimilar to the opponent's services. Thus, a likelihood of confusion must be excluded for these goods and services. As to the opposition based on Article 8(5) EUTMR, the evidence filed for the first time in the appeal proceedings is admissible. However, the said evidence is insufficient to establish any reputation of the earlier marks. Since one necessary condition for applying that ground for refusal has not been met, the opposition must be rejected.

Comparison of Trademarks

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