This document is an excerpt from the EUR-Lex website
Document 62018TJ0568
Judgment of the General Court (First Chamber) of 7 November 2019.
Local-e-motion GmbH v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for the EU figurative mark WE — Earlier national word mark WE — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-568/18.
Judgment of the General Court (First Chamber) of 7 November 2019.
Local-e-motion GmbH v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for the EU figurative mark WE — Earlier national word mark WE — Relative ground for refusal — Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-568/18.
Court reports – general
ECLI identifier: ECLI:EU:T:2019:783
Judgment of the General Court (First Chamber) of 7 November 2019 –
Local-e-motion v EUIPO — Volkswagen (WE)
(Case T‑568/18)
(EU trade mark — Opposition proceedings — Application for the EU figurative mark WE — Earlier national word mark WE — Relative ground for refusal — 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 23-25, 80) |
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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 — Coexistence of earlier marks — Recognition of a certain degree of distinctiveness of a national mark (European Parliament and Council Directive 2015/2436, Art. 4(1)(b); European Parliament and Council Regulation 2017/1001, Art. 8(1)(b) and (2)(a)(ii)) (see paras 33, 34, 36) |
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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 — Criteria for assessment — Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 47, 48, 50, 54, 56, 70, 71, 75) |
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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 WE and word mark WE (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 81, 82) |
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 July 2018 (Case R 128/2018-4) relating to opposition proceedings between Volkswagen and Local-e-motion.
Operative part
The Court:
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dismisses the action; |
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orders Local-e-motion GmbH to pay the costs. |