Tento dokument je výňatok z webového sídla EUR-Lex
Dokument 62021TJ0656
Judgment of the General Court (Third Chamber) of 12 October 2022.
H/2 Credit Manager LP v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU word mark H/2 CAPITAL PARTNERS – Earlier EU figurative mark HCapital – Relative ground for refusal – Relevant public – Likelihood of confusion – Similarity of the signs – Similarity of the services – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-656/21.
Judgment of the General Court (Third Chamber) of 12 October 2022.
H/2 Credit Manager LP v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU word mark H/2 CAPITAL PARTNERS – Earlier EU figurative mark HCapital – Relative ground for refusal – Relevant public – Likelihood of confusion – Similarity of the signs – Similarity of the services – Article 8(1)(b) of Regulation (EU) 2017/1001.
Case T-656/21.
Zbierka rozhodnutí – Všeobecná zbierka – časť „Informácie o neuverejnených rozhodnutiach“
Identifikátor ECLI: ECLI:EU:T:2022:625
Judgment of the General Court (Third Chamber) of 12 October 2022 –
H/2 Credit Manager v EUIPO – Hcapital Partners SCR (H/2 CAPITAL PARTNERS)
(Case T‑656/21) ( 1 )
(EU trade mark – Opposition proceedings – Application for the EU word mark H/2 CAPITAL PARTNERS – Earlier EU figurative mark HCapital – Relative ground for refusal – Relevant public – Likelihood of confusion – Similarity of the signs – Similarity of the services – Article 8(1)(b) of Regulation (EU) 2017/1001)
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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 mark H/2 CAPITAL PARTNERS and figurative mark HCapital (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 29-33, 68, 78, 86, 93, 95, 96) |
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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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 17-19, 44, 94) |
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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 – 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 paragraphs 25-28) |
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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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 45, 55) |
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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 – Elements of a trade mark having a descriptive character (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 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 – Likelihood of confusion with the earlier mark – Similarity of the marks concerned – 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 paragraph 60) |
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders H/2 Credit Manager LP to pay the costs. |