EUIPO – Opposition Division - Gap Inc. c/ STMicroelectronics International N.V.

Decision date

2018-05-31

Decision No.

B002767732

Nature

Trademarks

Jurisdiction

EUIPO – Opposition Division

Parties

Gap Inc. c/ STMicroelectronics International N.V.

STMicroelectronics International N.V. was represented by Caroline Casalonga, Attorney- and Philippine Charles, Legal Counsel.

Issues:

  • - Failure to use GAP’s marks for electronic components;
  • - No similarity between electronic components and mobile applications for online sales

"MIND THE GAP"

In a decision rendered on 31 May 2018, the EUIPO’s Opposition Division rejected the opposition filed against the EU trade mark application gapDRIVE No. 015620081.

The US Company had filed an opposition to the registration of the mark of the European Union gapDRIVE on the basis of its earlier trademark rights GAP.

Indeed, this company, well-known for its clothing stores, argues in its opposition brief that there was a risk of confusion between its earlier GAP marks designating in particular "scientific, nautical, geodesic, photographic apparatus and instruments, cinematographic, weighing, measuring, signaling, checking (supervision), emergency and teaching apparatus and instruments for the transmission, distribution, transformation, storage, adaptation or control of electric current "or "mobile applications allowing customers to buy online clothes, accessories, bags, shoes" and gapDRIVE application filed for integrated circuits and semiconductors.

The argument developed by our law firm in that case intended, on the one hand, to prove that Gap Inc. did not use its marks GAP for most of the goods covered in Class 9, and on the other hand, to exclude any similarity between mobile applications for online sales and electronic components.

The European Office granted our request.


tack___world_trademark_review.pdf

10 December 2018
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