20/01/2014 - Comparable products under the OHIM practice

On 20 January, a decision of the Office for Harmonization in the Internal market (OHIM) Board of Appeal confirmed the decision of the Examiner on the Community Trade mark (CTM) “PARMATUTTO” (word): such CTM application was rejected in relation to certain meat products considered comparable products with respect to the PROSCIUTTO DI PARMA PDO and COPPA DI PARMA PGI. On the other hand, others products, such as “meat extracts; meat gelatine; salted minced bovine meat; meat steaks; bullock meat; canned bullock meat; minced meat; meat for sausages; meat hamburgers; meat juice, meat substitutes”, were considered not comparable to the ones covered by the above-mentioned PDO and PGI. 

More informations about PARMATUTTO Decision @ https://oami.europa.eu/eSearch/#details/trademarks/011147113

Such decision confirms a certain lack of coherence in the OHIM’s practice (in this case concerning the interpretation of the concept of “comparable products”; see for instance the RONCARIFORT Decision @ https://oami.europa.eu/eSearchCLW/#basic/roncarifort///es ) 

 

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