Judgment of the General Court (First Chamber) of 19 June 2019
Judgment of the General Court (First Chamber) of 19 June 2019
Data
- Court
- General Court
- Case date
- 19 juni 2019
Verdict
Judgment of the General Court (First Chamber) of 19 June 2019 –
L’Oréal v EUIPO — Guinot (MASTER SHAPE)
(Case T‑180/16 RENV)
"( EU trade mark - Opposition proceedings - Application for EU word mark MASTER SHAPE - Earlier national figurative mark MASTERS COLORS PARIS - 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 ))"
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 37, 38, 43, 77, 81, 82, 84, 87, 89)
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 42, 60)
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 concernedAssessment only on the basis of the dominant element of a complex markConditions
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 44, 45, 49, 58)
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 markWeak distinctive character of the earlier markEffect
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 55)
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 markWord mark MASTER SHAPE and figurative mark MASTERS COLORS PARIS
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 63, 66, 67, 76, 91)
EU trade markDecisions of the OfficePrinciple of equal treatmentPrinciple of sound administrationEUIPO’s previous decision-making practicePrinciple of legalityNeed for a strict and complete examination in each particular case
(Council Regulation No 207/2009)
(see para. 90)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 February 2016 (Case R 2907/2014-5) relating to opposition proceedings between Guinot and L’Oréal.
Operative part
The Court:
Dismisses the action;
Orders L’Oréal to pay the costs.