Use of a trade mark in a form differing in elements which do not alter the distinctive character of the mark
Judgement of the Court of Justice of the European Union, July 21th, 2016 in the case C-597/14
The registration of the European Union Trademark has been requested by sirs Juan and Alberto Ferrer for products and services in classes 31, 35, 39.
Sir Xavier Ferrer filed an opposition against this trademark application on the basis of his prior figurative trademarks and for which proof of use have been requested.
The proof of use brought are relating to the following signs: , and .
As concerns the last two circular signs above represented, the Union European Court considers that they constitute valid use of the earlier trademarks cited since the use of the distinctive and dominant verbal sign BUGUI must be considered as a use in an acceptable variant of the trademarks, the other figurative and verbal elements occupying an accessory place in these signs.