This document is an excerpt from the EUR-Lex website
Document 62018TJ0079
Judgment of the General Court (First Chamber) of 30 January 2019.
Arif Oliver Bekat v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for figurative EU mark ARBET — Prior national word mark BORBET — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-79/18.
Judgment of the General Court (First Chamber) of 30 January 2019.
Arif Oliver Bekat v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for figurative EU mark ARBET — Prior national word mark BORBET — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-79/18.
Judgment of the General Court (First Chamber) of 30 January 2019 –
Bekat v EUIPO — Borbet (ARBET)
(Case T‑79/18)
(EU trade mark — Opposition proceedings — Application for figurative EU mark ARBET — Prior national word mark BORBET — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001)
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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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 15, 16) |
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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 ARBET and word mark BORBET (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 23, 34, 40-44) |
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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 — Identical number of letters composing two word marks — Presence of several letters in the same order (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 28, 29) |
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 December 2017 (Case R 1117/2017-4), concerning opposition proceedings between Borbet and Mr Bekat.
Operative part
The Court:
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Dismisses the action; |
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Orders Mr Arif Oliver Bekat to pay the costs. |