OHIM Invalidity Division, Decision of 17 September 2010, ICD 000007030
OHIM's Invalidity Division decided on the validity of Kuan-Di Huang's Community design for cleaning devices, based on AM Denmark A/S' claims that there was a likelihood of confusion with its earlier three-dimensional Community trademark, registered for containers and equipment for cleaning.
Please click here to view Kuan-Di Huang's Community design
Please click here to view AM Denmark's Community trademark
According to article 25 (1) (e) Community Design Regulation (CDR) and article 5 Trademark Directive 89/104/EEC, a Community design shall be declared invalid if it uses a sign identical with or similar to the sign of an earlier trademark if the use in the course of trade relates to any of the goods for which the trademark is registered and, if the signs and goods are not identical, leads to a likelihood of confusion.
OHIM's Invalidity Division said that Kuan-Di Huang's Community design included the three-dimensional shape of a cleaning device similar to the shape protected by AM Denmark's three-dimensional Community trademark. Both consisted of a compact rectangular body rounded at the edges, with a spray device on one side and a cylindrical sponge on the other side. The various additional features in the Community design did not change the similar appearance, in particular with regard to the geometric form, dimensions and shape.
The goods for which the Community design was registered - cleaning devices - were identically included in the list of goods for which the Community trademark was registered, i.e. cleaning agents and equipment and containers for cleaning.
OHIM concluded that due to the similarity between the Community design and the Community trademark and the identity of goods there was a likelihood of confusion. Consequently, AM Denmark could therefore prohibit the use of its sign in Kuan-Di Huang's Community design. As a result, OHIM Invalidity Division declared the Community design invalid.