Judgment of the General Court (Eighth Chamber) of 24 April 2018

Data

Court: General Court

Case date: 24 april 2018

Verdict

Judgment of the General Court (Eighth Chamber) of 24 April 2018 –
Mémora Servicios Funerarios v EUIPO — Chatenoud (MEMORAME)

(Case T‑221/17)

"(EU trade mark - Opposition proceedings - Application for EU word mark MEMORAME - Earlier EU figurative mark mémora and earlier national word marks MÉMORA - Relative ground for refusal - Likelihood of confusion - Similarity of the goods and services - 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 servicesLikelihood of confusion with the earlier markCriteria for assessment

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

(see paras 23, 24)

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. 26)

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 between the goods or services in questionComplementary nature of the goods or services

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

(see paras 31, 34, 35)

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 markWord mark MEMORAMEFigurative mark mémora and word marks MÉMORA

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

(see paras 41-49)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 10 February 2017 (Case R 1308/2016-4), relating to opposition proceedings between Mémora Servicios Funerarios and Mr Chatenoud.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mémora Servicios Funerarios SLU to pay the costs.