This document is an excerpt from the EUR-Lex website
Document 62020TJ0505
Judgment of the General Court (Third Chamber) of 6 October 2021.
Xiuling Guo v European Union Intellectual Property Office.
EU trade mark – Invalidity proceedings – EU figurative mark sandriver – Earlier EU word mark SAND – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001).
Case T-505/20.
Judgment of the General Court (Third Chamber) of 6 October 2021.
Xiuling Guo v European Union Intellectual Property Office.
EU trade mark – Invalidity proceedings – EU figurative mark sandriver – Earlier EU word mark SAND – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001).
Case T-505/20.
ECLI identifier: ECLI:EU:T:2021:655
Judgment of the General Court (Third Chamber) of 6 October 2021 –
Guo v EUIPO – Sand Cph (sandriver)
(Case T‑505/20)
(EU trade mark – Invalidity proceedings – EU figurative mark sandriver – Earlier EU word mark SAND – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
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EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 19, 20, 23, 88) |
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EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier 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 (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see para. 30) |
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EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Similarity between the goods or services in question – Criteria for assessment (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 36, 37) |
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EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Similarity of the marks concerned – Criteria for assessment – Composite mark – Element common to two marks having an independent distinctive role in the later mark (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 39, 43-45, 60, 73) |
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EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative mark sandriver and word mark SAND (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 93-97) |
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 2 June 2020 (Case R 2019/2019-2) relating to invalidity proceedings between Sand Cph and Ms Guo.
Operative part
The Court:
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Dismisses the action; |
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Orders Ms Xiuling Guo to pay the costs. |