Levi Strauss successful on appeal in '501' case

    View Author July 2015

    In Levi Strauss & Co v Office for Harmonisation in the Internal Market (OHIM) (Case T-604/13), the General Court has overturned a decision of the Second Board of Appeal of OHIM, finding that the Community trademark (CTM) application for the word mark 101 was visually and phonetically similar to Levi Strauss & Co’s earlier CTM 501. The Board of Appeal will now have to examine whether such similarity creates a likelihood of confusion under Article 8(1)(b) of the Community Trademark Regulation (207/2009) and, if so, whether the CTM application takes unfair advantage of, or is detrimental to, the repute of Levi’s mark under Article 8(5).