Judgment of the General Court (Ninth Chamber) of 22 February 2018
Judgment of the General Court (Ninth Chamber) of 22 February 2018
Data
- Court
- General Court
- Case date
- 22 februari 2018
Verdict
Judgment of the General Court (Ninth Chamber) of 22 February 2018 — International Gaming Projects v EUIPO — Zitro IP (TRIPLE TURBO)
(Case T‑210/17)
"(EU trade mark - Opposition proceedings - Application for EU figurative mark TRIPLE TURBO - Earlier EU figurative mark TURBO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))"
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 servicesSimilarity of the marks concernedCriteria for assessmentComposite mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 22, 24, 26, 37, 50, 71-73)
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 of the marks concernedAssessment of the distinctiveness of an element composing a trade mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 23)
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 markDetermination of dominant components
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 25)
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 servicesSimilarity of the marks concernedElements of a trade mark having a descriptive character
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 27)
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 TRIPLE TURBO and figurative mark TURBO
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 52-54, 58-60, 64, 65, 67, 74, 76)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 8 February 2017 (Case R 119/2016-4), relating to opposition proceedings between Zitro IP and International Gaming Projects.
Operative part
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 February 2017 (Case R 119/2016-4);
2. Orders EUIPO to bear its own costs and to pay those incurred by International Gaming Projects Ltd;
3. Orders Zitro IP Sàrl to bear its own costs.