This document is an excerpt from the EUR-Lex website
Document 62015TJ0693
Judgment of the General Court (Sixth Chamber) of 20 October 2016.
Clover Canyon, Inc. v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CLOVER CANYON — Earlier national word mark CANYON — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion.
Case T-693/15.
Judgment of the General Court (Sixth Chamber) of 20 October 2016.
Clover Canyon, Inc. v European Union Intellectual Property Office.
EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CLOVER CANYON — Earlier national word mark CANYON — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion.
Case T-693/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Sixth Chamber) of 20 October 2016 — Clover Canyon v EUIPO — Kaipa Sportswear (CLOVER CANYON)
(Case T‑693/15)
‛EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CLOVER CANYON — Earlier national word mark CANYON — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion’
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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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 18, 42, 43) |
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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 — Word marks CLOVER CANYON and CANYON (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-22, 57) |
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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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 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 — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 55) |
Re:
ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 4 August 2015 (Case R 3018/2014-5), relating to opposition proceedings between Kaipa Sportswear and Clover Canyon.
Operative part
The Court:
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Dismisses the action; |
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Orders Clover Canyon, Inc. to pay the costs. |