This document is an excerpt from the EUR-Lex website
Document 62022TJ0129
Judgment of the General Court (Second Chamber) of 21 December 2022.
Simba Toys GmbH & Co. KG v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU figurative mark BIMBA TOYS – Earlier international word and figurative marks Simba – Earlier trade name Simba Toys GmbH & Co. KG – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Comparison of the goods – Article 8(4) of Regulation 2017/1001 – Proximity of the economic sectors.
Case T-129/22.
Judgment of the General Court (Second Chamber) of 21 December 2022.
Simba Toys GmbH & Co. KG v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU figurative mark BIMBA TOYS – Earlier international word and figurative marks Simba – Earlier trade name Simba Toys GmbH & Co. KG – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Comparison of the goods – Article 8(4) of Regulation 2017/1001 – Proximity of the economic sectors.
Case T-129/22.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:845
Judgment of the General Court (Second Chamber) of 21 December 2022 –
Simba Toys v EUIPO – Master Gift Import (BIMBA TOYS)
(Case T‑129/22) ( 1 )
(EU trade mark – Opposition proceedings – Application for the EU figurative mark BIMBA TOYS – Earlier international word and figurative marks Simba – Earlier trade name Simba Toys GmbH & Co. KG – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Comparison of the goods – Article 8(4) of Regulation 2017/1001 – Proximity of the economic sectors)
|
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 – Similarity between the goods or services in question – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 25, 34, 35, 38, 43) |
|
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 – Figurative mark BIMBA TOYS and word and figurative marks SIMBA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 39-42, 45-47, 50, 56, 63, 68, 69) |
|
3. |
EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade – Conditions – Assessment by reference to the criteria determined by the national law governing the sign relied on – Verification of the content of national law – Scope (European Parliament and Council Regulation 2017/1001, Art. 8(4); Commission Regulation 2018/625, Art. 7(2)(d)) (see paragraphs 72, 80, 81) |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Simba Toys GmbH & Co. KG to pay the costs. |
( 1 ) OJ C 171, 25.4.2022.