Judgment of the General Court (Fifth Chamber) of 20 September 2019

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

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see paras 17, 18, 58)

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 servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionDetermination of the relevant publicAttention level of the public

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see para. 21)

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 servicesLikelihood of confusion with the earlier markWord mark UKIOEarlier EU figurative mark representing two diagonal lines followed by a vertical line and a circle

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see paras 25, 54-56, 60-64)

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 concernedCriteria for assessment

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see para. 33)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 March 2018 (Case R 1536/2017-2), relating to opposition proceedings between Sixsigma Networks Mexico and Marijn van Oosten Holding.

Operative part

The Court:

1. Dismisses the action;

2. Orders Sixsigma Networks Mexico, SA de CV to pay the costs.