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Document 62020TJ0673
Judgment of the General Court (Fifth Chamber) of 15 September 2021.
Celler Lagravera, SLU v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU figurative mark Cíclic – Earlier EU word mark CYCLIC – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-673/20.
Judgment of the General Court (Fifth Chamber) of 15 September 2021.
Celler Lagravera, SLU v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU figurative mark Cíclic – Earlier EU word mark CYCLIC – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-673/20.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2021:591
Judgment of the General Court (Fifth Chamber) of 15 September 2021 –
Celler Lagravera v EUIPO – Cyclic Beer Farm (Cíclic)
(Case T‑673/20)
(EU trade mark – Opposition proceedings – Application for EU figurative mark Cíclic – Earlier EU word mark CYCLIC – Relative ground for refusal – Likelihood of confusion – 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 – Assessment of the likelihood of confusion (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 20-23) |
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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 – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 25) |
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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 between the goods or services in question – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 29, 34) |
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EU trade mark – Appeals procedure – Action before the EU judicature – Power of the General Court to alter the contested decision – Limits – Limited to manifest errors of assessment (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see para. 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 37, 45, 46) |
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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 – Visual similarity between a figurative mark and a word mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 42) |
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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 CÍCLIC and word mark CYCLIC (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 43, 44, 47, 48, 50) |
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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 – Assessment of the likelihood of confusion – Criteria (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 49) |
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 August 2020 (Case R 465/2020-5) relating to opposition proceedings between Cyclic Beer Farm and Celler Lagravera.
Operative part
The Court:
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Dismisses the action; |
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Orders Celler Lagravera, SLU to pay the costs. |