Max Mara Fashion Group Srl v OHIM

3 December 2014

Martin Howe QC appeared at the hearing and John Baldwin QC prepared the written submissions in this trade mark appeal to the EU General Court. The client (Mackays Stores Ltd) applied to register the mark “M & Co” but were opposed by Max Mara on the basis of likelihood of confusion with their own Italian registration of “Max & Co”. The General Court rejected Max Mara’s appeal and upheld the decision of the OHIM Board of Appeal which had rejected Max Mara’s opposition to the registration of “M & Co”. The General Court considered that the common element between the two marks, “& Co”, had a weak distinctive character, being an internationally recognised and commonly used element in company names.

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