Definitie van luggage

Gerecht EU 23 november 2011, zaak T-483/10 (Pukka Luggage tegen OHIM/Azpiroz Arruti, inzake PUKKA)

Gemeenschapsmerk. Oppositieprocedure aanvrage gemeenschapswoordmerk PUKKA tegen eerder gemeenschaps en Spaanse beeldmerk met woordelement PUKAS (surfwear, games, packages, sportswear). Verder in citaten:

– Failure to take into account subsets of goods included in ‘luggage’.

35 However, contrary to what the applicant asserts in paragraph 13.1 of the application and in the heading of its first plea, the subcategories referred to in the previous paragraph do not appear ‘separately in the specification of the contested Community trade mark application within the definition of luggage’. Indeed, the list of goods indicated by the applicant in its application for registration of 5 October 2004 does not contain any of the terms listed in the previous paragraph but simply the general term ‘luggage’. Nor has the applicant subsequently specified or restricted the list of goods in respect of which the mark applied for was supposed to be registered.

59 In that regard, it should be borne in mind that, as has been stated in paragraph 35 above, the list of goods indicated by the applicant in its application for registration of 5 October 2004 does not include hard suitcases or hard trolley cases but simply the general term ‘luggage’. Therefore, as has been observed in paragraphs 37 and 38 above, the Board of Appeal rightly merely examined the likelihood of confusion between the marks at issue with respect to the category of goods consisting of luggage, without separately examining the existence of a likelihood of confusion with respect to certain subcategories within that category. Consequently, in the contested decision, the Board of Appeal only ruled on the category of luggage.