This document is an excerpt from the EUR-Lex website
Document 62023TJ0041
Judgment of the General Court (Third Chamber) of 8 November 2023.
Pollen + Grace Ltd v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU figurative mark POLLEN + GRACE – Earlier EU figurative mark Grace – 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.
Case T-41/23.
Judgment of the General Court (Third Chamber) of 8 November 2023.
Pollen + Grace Ltd v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for the EU figurative mark POLLEN + GRACE – Earlier EU figurative mark Grace – 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.
Case T-41/23.
Court reports – general
ECLI identifier: ECLI:EU:T:2023:705
Judgment of the General Court (Third Chamber) of 8 November 2023 –
Pollen + Grace v EUIPO – Grace Foods (POLLEN + GRACE)
(Case T‑41/23) ( 1 )
(EU trade mark – Opposition proceedings – Application for the EU figurative mark POLLEN + GRACE – Earlier EU figurative mark Grace – 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)
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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 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 19, 20) |
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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 identical or similar earlier mark registered in respect of identical or similar goods or services – Similarity between the marks concerned – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 25, 26, 33, 49) |
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3. |
EU trade mark – Appeals procedure – Action before the EU judicature – Modification of the terms of the dispute as brought before the Board of Appeal – Not permissible (European Parliament and Council Regulation 2017/1001, Art. 72; Rules of Procedure of the General Court, Art. 188) (see paragraph 30) |
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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 identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative marks POLLEN + GRACE and Grace (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 31, 34-38, 42, 43, 49, 50) |
Operative part
The Court:
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1. |
Dismisses the action; |
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Orders Pollen + Grace Ltd to pay the costs. |
( 1 ) OJ C 112, 27.3.2023.