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  • Article

Board of Appeal erred in determing dominant element of mark

By Lisbet Andersen

In Ella Valley Vineyards (Adulam) Ltd v Office for Harmonisation in the Internal Market (OHIM) (Case T-32/10, March 9 2012), the General Court has annulled a decision of the First Board of Appeal of OHIM in which the latter had found that the relevant public might establish a link between the mark ELLA VALLEY VINEYARDS and the earlier mark ELLE. The court held that the expression ‘Ella Valley’ taken as a whole - and not, as found by the Board of Appeal, the component ‘Ella’ alone - constituted the dominant element of ELLA VALLEY VINEYARDS.

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