This document is an excerpt from the EUR-Lex website
Document 62016TJ0181
Judgment of the General Court (First Chamber) of 19 June 2019.
L'Oréal v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU word mark MASTER PRECISE — Earlier national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8 (1)(b) of Regulation (EC) No 2 07/2009 (now Article 8 (1)(b) of Regulation (EU) 2017/1001).
Case T-181/16 RENV.
Judgment of the General Court (First Chamber) of 19 June 2019.
L'Oréal v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU word mark MASTER PRECISE — Earlier national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8 (1)(b) of Regulation (EC) No 2 07/2009 (now Article 8 (1)(b) of Regulation (EU) 2017/1001).
Case T-181/16 RENV.
Judgment of the General Court (First Chamber) of 19 June 2019 –
L’Oréal v EUIPO — Guinot (MASTER PRECISE)
(Case T‑181/16 RENV)
( EU trade mark — Opposition proceedings — Application for EU word mark MASTER PRECISE — Earlier national figurative mark MASTERS COLORS PARIS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001 ))
|
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 37, 38, 43, 77, 81, 82, 84, 87, 89) |
|
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 — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 42, 60) |
|
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 — Similarity of the marks concerned — Assessment only on the basis of the dominant element of a complex mark — Conditions (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 44, 45, 49, 58) |
|
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 — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 55) |
|
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 — Likelihood of confusion with the earlier mark — Word mark MASTER PRECISE and figurative mark MASTERS COLORS PARIS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 63, 66, 67, 76, 91) |
|
6. |
EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see para. 90) |
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 February 2016 (Case R 2911/2014-5) relating to opposition proceedings between Guinot and L’Oréal.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders L’Oréal to pay the costs. |