Judgment of the General Court (First Chamber) of 19 September 2017
Judgment of the General Court (First Chamber) of 19 September 2017
Data
- Court
- General Court
- Case date
- 19 september 2017
Verdict
Judgment of the General Court (First Chamber) of 19 September 2017 — RP Technik v EUIPO — Tecnomarmi (RP ROYAL PALLADIUM)
(Case T‑768/15)
"(EU trade mark - Opposition proceedings - EU figurative mark RP ROYAL PALLADIUM - Earlier EU word mark RP - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)"
1. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 15-17, 91)
2. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity between the goods or services in questionCriteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 29)
3. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity of the marks concernedCriteria for assessmentComposite mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 36-39, 62)
4. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markSimilarity of the marks concernedAssessment of the distinctiveness of an element composing a trade mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 41, 42)
5. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markFigurative mark RP ROYAL PALLADIUM and word mark RP
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 93-95)
Re:
ACTION brought against the decision of the Second Board of Appeal of EUIPO of 14 October 2015 (Case R 2061/2014-2), relating to opposition proceedings between RP Technik and Tecnomarmi.
Operative part
The Court:
-
Dismisses the action;
-
Orders RP Technik GmbH Profilsysteme to pay the costs.