Decision of European Court regarding time and happiness

The European court ruled in Case T-352/14. The Smiley Company SPRL filed an application for an European trademark HAPPY TIME for the following Classes:
Class 14: ‘Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments’;
Class 35: ‘Advertising; business management; business administration; office functions’.
The Swatch Group Management Services AG filed an opposition against this mark based on an earlier mark HAPPY HOURS for the following Classes:
Class 35: ‘Retailing of timepieces and jewellery; retailing of timepieces and jewellery via global computer networks (Internet)’;
Class 37: ‘Repair and maintenance of timepieces and jewellery’.
OHIM upheld partly the opposition for the following goods and services:
Class 14: ‘Goods in precious metals or coated therewith, not included in other classes; jewellery; horological and chronometric instruments’; Class 35 : ‘Auctioneering’.
The decision was appealed. The court conformed the OHIM’s opinion on the case. There is similarity between the goods and services of both marks. Furthermore, there is significant similarity almost identity between the signs. The attempt of the applicant to assert that the earlier mark has low distinctive nature was dismissed.
Source: Marques Class 46.
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