Order of the General Court (First Chamber) of 26 June 2017
Order of the General Court (First Chamber) of 26 June 2017
Data
- Court
- General Court
- Case date
- 26 juni 2017
Verdict
Order of the General Court (First Chamber) of 26 June 2017 —
L’Oréal v EUIPO — Guinot (MASTER SMOKY)
(Case T‑179/16)
"(EU trade mark - Opposition proceedings - Application for EU word mark MASTER SMOKY - Prior national figurative mark MASTERS COLORS PARIS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Action manifestly unfounded in law - Article 126 of the Rules of Procedure)"
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 18, 19)
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 SMOKY and figurative mark MASTERS COLORS PARIS
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 20, 29, 36, 39, 40, 45, 48, 57, 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 servicesSimilarity of the marks concernedCriteria for assessmentComposite mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 22, 27, 54)
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 markWeighing elements of similarity or difference between the signsTaking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketedMake-up industry
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 51, 52)
Re:
ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 23 February 2016 (Case R 2905/2014-5) concerning opposition proceedings between Guinot and L’Oréal.
Operative part
The action is dismissed.
L’Oréal is ordered to pay the costs.