IQ Group Holdings Bhd v European Union Intellectual Property Office

European Union – Trade marks. Lighting apparatus for industrial use, on the one hand, and electric lights and decorations, on the other hand, could not be deemed to be similar for the purposes of art 8(1)(b) of Council Regulation (EC) 2007/2009, on the basis of the mere fact that they were both 'light sources' or 'electrical lighting apparatus', given that the nature and intended purpose of those goods were different, and that they were neither complementary nor in competition. Accordingly, the General Court of the European Union allowed the action by IQ Group Holdings BhD (IQ), established in the UK, for annulment of the First Board of Appeal of the European Union Intellectual Property Office's decision which had refused protection in the EU for IQ's figurative sign 'Lumiqs' for which IQ had obtained international registration from the International Bureau of the World Intellectual Property Organisation.

Category: