This document is an excerpt from the EUR-Lex website
Document 62016TJ0103
Judgment of the General Court (Sixth Chamber) of 14 September 2017.
Aldi Einkauf GmbH & Co. OHG v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU figurative mark Alpenschmaus — Earlier EU word mark ALPEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-103/16.
Judgment of the General Court (Sixth Chamber) of 14 September 2017.
Aldi Einkauf GmbH & Co. OHG v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU figurative mark Alpenschmaus — Earlier EU word mark ALPEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-103/16.
Judgment of the General Court (Sixth Chamber) of 14 September 2017 — Aldi Einkauf v EUIPO — Weetabix (Alpenschmaus)
(Case T‑103/16)
(EU trade mark — Opposition proceedings — Application for EU figurative mark Alpenschmaus — Earlier EU word mark ALPEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
1. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 84, 85) |
2. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Determination of the relevant public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 23) |
3. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Earlier trade mark constituted by an EU trade mark — Refusal to register on a ground relating to refusal even limited to part of the Union (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 27) |
4. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative mark Alpenschmaus and word mark ALPEN (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 37, 89, 90) |
5. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 45-48) |
6. |
EU trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (Council Regulation No 207/2009) (see para. 50) |
7. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Assessment of the distinctiveness of an element composing a trade mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 57) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 12 January 2016 (Case R 2725/2014-4) relating to opposition proceedings between Weetabix and Aldi Einkauf.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Aldi Einkauf GmbH & Co. OHG to pay the costs relating to the present proceedings. |