This document is an excerpt from the EUR-Lex website
Document 62018TJ0446
Judgment of the General Court (Fourth Chamber) of 13 May 2020.
Peek & Cloppenburg KG, Düsseldorf v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for the EU word mark Peek & Cloppenburg — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment.
Case T-446/18.
Judgment of the General Court (Fourth Chamber) of 13 May 2020.
Peek & Cloppenburg KG, Düsseldorf v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for the EU word mark Peek & Cloppenburg — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment.
Case T-446/18.
ECLI identifier: ECLI:EU:T:2020:187
Judgment of the General Court (Fourth Chamber) of 13 May 2020 –
Peek & Cloppenburg v EUIPO — Peek & Cloppenburg (Peek & Cloppenburg)
(Case T‑446/18)
(EU trade mark — Opposition proceedings — Application for the EU word mark Peek & Cloppenburg — Earlier national commercial designation Peek & Cloppenburg — Relative ground for refusal — Likelihood of confusion — Article 8(4) of Regulation (EU) 2017/1001 — Coexistence of the national commercial designation and the mark applied for — Demarcation agreement — Application of national law by EUIPO — Suspension of the administrative proceedings — Article 70 of Regulation 2017/1001 — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Manifest error of assessment)
1. |
Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paras 29, 30) |
2. |
EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies — Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see para. 39) |
3. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Conditions — Interpretation in the light of EU law — Assessment by reference to the criteria determined by the national law governing the sign relied on (European Parliament and Council Regulation 2017/1001, Art. 8(4)) (see paras 53-55) |
4. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Review by the competent bodies of EUIPO and by the Court as to the national law applicable — Scope (European Parliament and Council Regulation 2017/1001, Arts 8(4) and 72(1) and (2)) (see paras 68, 78-82) |
5. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Sign giving its holder the right to prohibit the use of a more recent trade mark — Burden of proof (European Parliament and Council Regulation 2017/1001, Art. 8(4)(b); Commission Regulation No 2868/95, Art. 1, rule 37) (see paras 70, 77, 83, 85) |
6. |
EU trade mark — Procedural provisions — Examination of the facts of the EUIPO’s own motion — Opposition proceedings — Examination restricted to the facts, evidence and arguments provided — Assessment by the Office of the correctness of the facts pleaded and the probative value of evidence submitted — Scope (European Parliament and Council Regulation 2017/1001, Art. 95) (see para. 84) |
7. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Word mark and commercial designation Peek & Cloppenburg (European Parliament and Council Regulation 2017/1001, Art. 8(4)) (see paras 87-94, 97, 101, 104) |
8. |
EU trade mark — Appeals procedure — Appeals before the Boards of Appeal — Stay of proceedings — Conditions (Commission Regulation No 2868/95, Art. 1, rules 20(7)(c) and 50(1)) (see paras 114-116) |
9. |
EU trade mark — Appeals procedure — Appeals before the Boards of Appeal — Stay of proceedings — Discretion of the Board of Appeal — Prima facie examination of the chances of success of a counterclaim for the declaration of a right — Scope (Commission Regulation No 2868/95, Art. 1, rules 20(7)(c) and 50(1)) (see paras 118, 120-123, 125) |
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 20 April 2018 (Case R 1589/2007-1), relating to opposition proceedings between Peek & Cloppenburg (Hamburg) and Peek & Cloppenburg (Düsseldorf)).
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Peek & Cloppenburg KG (Düsseldorf) to pay the costs. |