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France: Weak distinctive character of “PREMIERE” trademark in the world of television
Weak distinctive character of “PREMIERE” trademark in the world of television
Due to the weak distinctive character of the sign “PREMIERE”, used for television channels, there does not exist any likelihood of confusion between the trademark PARIS PREMIERE and the applicant’s PREMIERE-trademarks, such as BORDEAUX PREMIERE, LIMOGES PREMIERE, BASSE NORMANDIE PREMIERE and PICARDIE PREMIERE.
The French Supreme Court issued a ruling confirming a decision issued one year earlier by the Appeal Court of Paris on 30 May 2007, stating that the term “PREMIERE” has a very weak character when used in relation to television services.
Channel 3 filed numerous trademark applications, all of them consisting in a geographical indication, followed by the word “PREMIERE”. There was no trademark identical to the earlier trademark PARIS PREMIERE, or any trademark referring to PARIS, so that the Court confirmed the prior ruling by the Appeal Court of Paris (of 15 February 2006), denying the likelihood of confusion between the conflicting trademarks, as “PREMIERE” should be considered as being a current term that had become very common in the world of press and events, even for consumers.
According to the French Supreme Court, the average consumer would not be misled to think that Channel 3’s programs containing regional information originated from the Channel PARIS PREMIERE.