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Judgment of the General Court (Fourth Chamber) of 25 January 2018

Judgment of the General Court (Fourth Chamber) of 25 January 2018

Data

Court
General Court
Case date
25 januari 2018

Verdict

Judgment of the General Court (Fourth Chamber) of 25 January 2018 — Brunner v EUIPO — CBM (H HOLY HAFERL HAFERL SHOE COUTURE)

(Case T‑367/16)

"(European Union trade mark - Opposition proceedings - Application for EU figurative mark H HOLY HAFERL HAFERL SHOE COUTURE - Earlier EU trade mark HOLY - 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 markAssessment of the likelihood of confusionCriteria

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 17-19, 31)

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 markAssessment of the likelihood of confusionAttention level of the public

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 20, 21)

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 H HOLY HAFERL HAFERL SHOE COUTURE and word mark HOLY

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 27, 43, 47, 50, 80, 85, 90, 91, 101-108)

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 questionComplementary nature of the goods or services

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 32, 41)

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 assessment

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 51-53)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 10 May 2016 (Case R 2943/2014-5) concerning opposition proceedings between CBM and Mr Brunner.

Operative part

The Court:

Dismisses the action;

Orders Gerd Brunner to pay the costs.