EUIPO raises battle-axe against Puma before Luxembourg bench

This case first dates back to November 2013 when Gemma Group, an Italian company specializing in design, production and distribution of machines for processing aluminium, steel and wood, filed an application with the EUIPO to register this figurative sign:The application was for goods and services in Class 7 (Machines for processing of wood, Machines for processing aluminium, Machines for treatment of PVC) of the Nice Agreement. The application was published in April 2013 and was opposed by Puma under what is now Article 46 of Regulation 2017/1001 (EU Trade Mark Regulation (EUTMR).   Based on Article 8(1)(b) EUTMR, Puma claimed that the applicant’s sign conflicted with its earlier international figurative trade registrations for goods and services in Classes 18 (Bags to wear over the shoulder and travel bags, trunks and suitcases, especially for sportswear), 25 (Clothing, boots, shoes and slippers), and 28  (Games, toys, equipment for physical exercise,…

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