EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62019TJ0381
Judgment of the General Court (Fifth Chamber) of 13 May 2020.
adp Gauselmann GmbH v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU word mark City Mania — Earlier EU word mark City Lights — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-381/19.
Judgment of the General Court (Fifth Chamber) of 13 May 2020.
adp Gauselmann GmbH v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — Application for EU word mark City Mania — Earlier EU word mark City Lights — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-381/19.
ECLI identifier: ECLI:EU:T:2020:190
Judgment of the General Court (Fifth Chamber) of 13 May 2020 –
adp Gauselmann v EUIPO — Gameloft (City Mania)
(Case T‑381/19)
(EU trade mark — Opposition proceedings — Application for EU word mark City Mania — Earlier EU word mark City Lights — Relative ground for refusal — No likelihood of confusion — 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 16, 17, 54, 59) |
|
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 — Degree of attention of the relevant public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 19) |
|
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 — Likelihood of confusion with the earlier mark — Word marks City Mania and City Lights (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 20, 22, 34, 35, 46, 47, 53, 61-63) |
|
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 — Similarity between the goods or services in question (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 21) |
|
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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 23, 24) |
|
6. |
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 para. 26) |
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 11 April 2019 (Case R 976/2018-2), relating to opposition proceedings between adp Gauselmann and Gameloft.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders adp Gauselmann GmbH to pay the costs. |