Plaintiff: HEMA B.V.
Defendant: Patrik Jokl
Case no.: R1988/2022-4
Jurisdiction: European Union
Industry: Retail
Decision date: 29 Mar, 2023
The conflicting signs are visually similar to a below average degree, and aurally similar to an above average degree, at least. The earlier mark ‘HEMA’ had at the date of application of the contested mark a very strong reputation at least in the Benelux, which suffices to prove a reputation in the EU, for retail services in Class 35 for a wide range of products. A link will be established with the contested sign 'EmaHome' for the contested services in Class 35. It cannot but be concluded that an unfair advantage takes place by reason of a transfer of the image of the earlier mark and of the positive characteristics which it projects to the services identified by the similar contested sign. Due cause not being reasoned, let alone proven, by the applicant, the opposition succeeds on the grounds of Article 8(5) EUTMR.
HEMA
What should I submit as a specimen if I provide e-commerce services instead of producing goods?
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