This document is an excerpt from the EUR-Lex website
Document 62022TJ0436
Judgment of the General Court (Third Chamber) of 29 March 2023.
Veronika Machková v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU figurative mark ALMARA SOAP – Earlier EU word mark ALMENARA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier mark – Article 47(2) of Regulation 2017/1001.
Case T-436/22.
Judgment of the General Court (Third Chamber) of 29 March 2023.
Veronika Machková v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU figurative mark ALMARA SOAP – Earlier EU word mark ALMENARA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier mark – Article 47(2) of Regulation 2017/1001.
Case T-436/22.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2023:167
Judgment of the General Court (Third Chamber) of 29 March 2023 –
Machková v EUIPO – Aceites Almenara (ALMARA SOAP)
(Case T‑436/22) ( 1 )
(EU trade mark – Opposition proceedings – Application for EU figurative mark ALMARA SOAP – Earlier EU word mark ALMENARA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier mark – Article 47(2) of Regulation 2017/1001)
1. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Direction issued to the Office – Precluded (Art. 263 TFEU; European Parliament and Council Regulation 2017/1001, Art. 72(6)) (see paragraph 12) |
2. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies – Not included (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 14) |
3. |
EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 47(2)) (see paragraph 20) |
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 – Likelihood of confusion with the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 26-28, 95, 96) |
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 – 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 paragraph 29) |
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 between the goods or services in question – Complementary nature of the goods or services (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 35, 36) |
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 – Likelihood of confusion with the earlier mark – Figurative mark ALMARA SOAP and word mark ALMENARA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 51, 71, 80, 88, 94, 100, 101) |
8. |
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 – 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 paragraphs 56-59, 78, 84) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Ms Veronika Machková and the European Union Intellectual Property Office (EUIPO) to each bear their own costs. |
( 1 ) OJ C 340, 5.9.2022.