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An OHIM decision to dismiss Volvo’s opposition to a figurative sign Community trade mark containing the word SOLVO has been upheld by the EU General Court. The SOLVO application covered class 9 goods to Volvo’s registration – computer programs for warehouse management systems and for container terminal systems. There was no likelihood of similarity between SOLVO and VOLVO despite the identity of the goods and the high level of distinctiveness of Volvo’s earlier mark.
Phonetic similarities between the marks were outweighed by the marks’ visual dissimilarities. The key in this case – as in SHS Polar Sistemas Informáticos SL – was the relevant public; for this mark they were likely to be a specialist one displaying a high degree of attentiveness.
Mark owners/applicants should consider the characteristics and content of the product their mark relates to; a product which prospective purchasers would need to scrutinise the characteristics and content of, and ascertain the identity of its producer before purchasing, will negate similarities within another mark.
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
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From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).
In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.
Partner and Head of IP and Commercial Group
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