This document is an excerpt from the EUR-Lex website
Document 62021TJ0572
Judgment of the General Court (Tenth Chamber) of 28 September 2022.
Copal Tree Brands, Inc. v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU word mark COPAL TREE – Earlier national figurative mark COMPAL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-572/21.
Judgment of the General Court (Tenth Chamber) of 28 September 2022.
Copal Tree Brands, Inc. v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU word mark COPAL TREE – Earlier national figurative mark COMPAL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-572/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:594
Judgment of the General Court (Tenth Chamber) of 28 September 2022 –
Copal Tree Brands v EUIPO – Sumol + Compal Marcas (COPAL TREE)
(Case T‑572/21) ( 1 )
(EU trade mark – Opposition proceedings – Application for EU word mark COPAL TREE – Earlier national figurative mark COMPAL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EU) 2017/1001)
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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 paragraphs 18, 19, 60) |
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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 – Similarity of the marks concerned – Criteria for assessment – Composite mark – Determination of the dominant element or elements (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 23, 31, 33, 39) |
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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 mark COPAL TREE and figurative mark COMPAL (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 41, 47, 56, 64) |
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Copal Tree Brands, Inc. to pay the costs. |
( 1 ) OJ C 462, 15.11.2021.