Cora v. CORA: the importance of the content of the trademark registration
On 27 March, the Court of Cassation reiterated the extent to which the contents of the trademark registration was fundamental.
The case involved the Cora companya supermarket operator and the company " Automotive Aftermarket - CORA ", which specializes in the sale of automotive accessories. Both companies were brand owners (CORA for the 1era and CORA AUTOMOBILE for the 2nde), each of which was aimed at "automotive accessories". Cora had therefore acted in infringement proceedings against CORA.
Court of Appeal: Relevant Public Appreciation
The Court of Appeal recognized that the marks CORA and CORA AUTOMOBILE are similar and that they refer to identical products. However, it dismissed the action brought by Cora for two reasons.
In the first place, the judges find that " the public...of the two companies is not the same.... "On the one hand, there is the consumer of consumer goods bought in supermarkets for the Cora company, and on the other hand, a public of car professionals who order spare parts from the company Commerce Rechange Automobiles. Furthermore, the Court of Appeal considers that the information provided by Cora does not make it possible to establish the reputation of its brands.
Consequently, the Court of Appeal concluded that there was no likelihood of confusion. Indeed, since the marks are aimed at a different public, they are not in direct competition.
Court of Cassation: content of the trademark registration
The Court of Cassation overturns this ruling and recalls that " the likelihood of confusion must be assessed globally by reference to the content of trade mark registrations vis-à-vis the consumer of the goods as designated by those registrations and without taking account of the conditions of exploitation of the marks. "In an infringement case, it is not up to the judges to assess the reality of the exploitation, but rather to take into account the content of the registration of each trademark. The principle is not new. The Court of Cassation had already indicated it in a decision of 2007 (Cass., Ch. Com., decision of April 3, 2007, n°06-15.035).
In the present case, the two marks were aimed at identical products and therefore, in theory, addressed the same public. When the Court of Appeal takes into account the precise characteristics of the goods, such as their price or their method of distribution, it limits the right of the owner of the CORA mark.
Thus, when comparing two trademarks, only the content of the registration should be considered, not the reality of the exploitation. It is therefore fundamental when registering a trademark, be sure to write clearly and not to forget any product or service that may be sold or offered under that name. It is indeed impossible to add new products afterwards. We are at your disposal to advise you throughout the life of your brand.