General Court exercises some pest control

In Ertner v OHIM, the General Court has considered whether the CTM ERKAT in Classes 7 and 42 was invalid under Articles 53(1)(a) and (b) of the Community Trademark Regulation, in view of Caterpillar Inc’s earlier CAT marks, also covering goods and services in Classes 7 and 42. The case emphasises the importance of giving full consideration to each cumulative element of both Article 8(1)(b) and Article 8(5) of the regulation.