Judgment of the General Court (Second Chamber) of 13 September 2023 –
Transformers Manufacturing Company v EUIPO – H&F (TMC TRANSFORMERS)
(Case T‑163/22) ( 1 )
(EU trade mark – Opposition proceedings – Application for EU figurative mark TMC TRANSFORMERS – International registration of the earlier figurative mark TMC – 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))
1. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Precluded (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 21) |
2. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 42-44) |
3. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of 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, Art. 8(1)(b)) (see paragraphs 45-47, 98) |
4. |
EU trade mark – Appeals procedure – Action before the EU judicature – Decision of an EUIPO body forming part of the context of the decision of the Board of Appeal and Decision of a unit of the Office forming part of the context of the decision of the Board of Appeal (European Parliament and Council Regulation 2017/1001, Arts 71(1) and 72) (see paragraphs 54, 55) |
5. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative marks TMC TRANSFORMERS and TMC (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 64, 75, 85, 86, 91-93, 95, 99) |
6. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Similarity between the goods or services in question – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 65, 66) |
7. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 76, 77, 87, 88) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Transformers Manufacturing Company Pty Ltd to pay the costs. |
( 1 ) OJ C 207, 23.5.2022.