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Document 62020TJ0366
Judgment of the General Court (Ninth Chamber) of 12 January 2022.
1031023 B.C. Ltd v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a circle drawn by a brush – Earlier national figurative mark ORIGIUM 1944 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-366/20.
Judgment of the General Court (Ninth Chamber) of 12 January 2022.
1031023 B.C. Ltd v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a circle drawn by a brush – Earlier national figurative mark ORIGIUM 1944 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-366/20.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:4
Judgment of the General Court (Ninth Chamber) of 12 January 2022 –
1031023 B.C. v EUIPO – Bodegas San Valero (Representation of a circle drawn by a brush)
(Case T‑366/20)
(EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a circle drawn by a brush – Earlier national figurative mark ORIGIUM 1944 – Relative ground for refusal – 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 21, 22, 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 – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public – Wines (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 28-30) |
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 – Figurative marks representing a circle drawn by a brush and ORIGIUM 1944 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 32, 93-97) |
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 of the marks concerned – Criteria for assessment – Composite mark – Determination of the dominant elements (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 34, 36, 47, 48) |
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 – Assessment of the distinctive character of an element of which a trade mark is composed (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 35) |
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 – Similarity of the marks concerned – Elements of a trade mark having a descriptive character (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 37) |
7. |
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 – Figurative marks without verbal elements – Phonetic comparison (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 73, 74) |
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 9 March 2020 (Case R 2142/2019-1) relating to opposition proceedings between Bodegas San Valero and 1031023 B.C.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders 1031023 B.C. Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Bodegas San Valero, S. Coop. |