This document is an excerpt from the EUR-Lex website
Document 62022TJ0306
Judgment of the General Court (Third Chamber) of 22 March 2023.
Fun Factory GmbH v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU word mark love you so much – Earlier EU figurative mark I LOVE YOU SINCE FOREVER – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-306/22.
Judgment of the General Court (Third Chamber) of 22 March 2023.
Fun Factory GmbH v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU word mark love you so much – Earlier EU figurative mark I LOVE YOU SINCE FOREVER – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-306/22.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2023:151
Judgment of the General Court (Third Chamber) of 22 March 2023 –
Fun Factory v EUIPO – I Love You (love you so much)
(Case T‑306/22) ( 1 )
(EU trade mark – Opposition proceedings – Application for EU word mark love you so much – Earlier EU figurative mark I LOVE YOU SINCE FOREVER – Relative ground for refusal – Likelihood of confusion – 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 17, 18, 50, 51) |
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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 – 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 21) |
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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 love you so much and figurative mark I LOVE YOU SINCE FOREVER (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 27-28, 30, 39-40, 47, 49, 55, 58-60) |
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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 – Similarity between the goods or services in question (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 29) |
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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 – Similarity of the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 31-32) |
Operative part
The Court:
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1. |
Dismisses the action; |
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Orders each party to bear its own costs. |
( 1 ) OJ C 284, 25.7.2022.