Tibor Golden On The Hooligan/Olly Gan Decision

Friend of the IPKat Tibor Gold writes on the recent CFI HOOLIGAN/OLLY GAN decision:

In an otherwise humdrum CFI determination ruling on an opposition regarding competing marks HOOLIGAN in addition to OLLY GAN for identical goods inwards cl. 25, 2 things stand upwardly out for me:

* Thanks to the activities of our testosterone in addition to alcohol-fuelled activities of segment of the British population the CFI finds that the give-and-take ‘hooligan’ was good known inwards French Republic in addition to Portugal (para 60: o tempora, o mores); precisely maybe to a greater extent than importantly at that spot is an extended analysis of the nature of an appeal to the CFI in addition to what may or may non endure argued earlier it for the kickoff fourth dimension (para 22).

* In the detail illustration the applicant did non submit observations earlier the BoA in addition to OHIM argued earlier the CFI that equally a effect the applicant was disabled from presenting arguments relating eg to proof of role issues in addition to similarity of products. The CFI held that OHIM was incorrect on this because such ‘matters were business office of the legal in addition to factual framework earlier the Board’, having been business office of the determination of the Opposition Division (para 25). By contrast, arguments raised for the kickoff fourth dimension earlier the CFI past times the applicant inter alia on high reputation in addition to high distinctiveness were ruled inadmissible.

, who is somewhat ashamed on behalf of the British, says Thanks Tibor!

Generic hooligans, non to endure confused alongside the branded variety

More hooligans here in addition to here