Judgment of the General Court (Fifth Chamber) of 20 June 2019
Judgment of the General Court (Fifth Chamber) of 20 June 2019
Data
- Court
- General Court
- Case date
- 20 juni 2019
Verdict
Judgment of the General Court (Fifth Chamber) of 20 June 2019 — Nonnemacher v EUIPO — Ingram (WKU WORLD KICKBOXING AND KARATE UNION)
(Case T‑390/18)
"(EU trade mark - Invalidity proceedings - EU figurative mark WKU WORLD KICKBOXING AND KARATE UNION - Earlier EU word marks WKA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 - No limitation in consequence of acquiescence - Article 61(1) of Regulation 2017/1001)"
EU trade markSurrender, revocation and invalidityLimitation through acquiescence
(European Parliament and Council Regulation 2017/1001, Art. 61(1))
(see para. 18)
EU lawPrinciplesProhibition of abuse of right
(see para. 21)
EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an identical or similar earlier mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment
(European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a))
(see paras 29, 30, 88, 102, 106)
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
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 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 confusionDetermination of the relevant publicAttention level of the public
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 35, 40)
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
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 48, 49, 51, 52)
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 of which a trade mark is composed
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 50)
EU trade markSurrender, revocation and invalidityExamination of the applicationProof of use of the earlier markRequest presented expressly and on time by the applicantPossibility of submitting the application for the first time before the Board of AppealPrecluded
(European Parliament and Council Regulation 2017/1001, Art. 64(2))
(see para. 95)
EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an identical or similar earlier mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markFigurative mark WKU WORLD KICKBOXING AND KARATE UNIONWord marks WKA
(European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a))
(see paras 107-110)
Re
Action brought against the decision of the First Board of Appeal of EUIPO of 17 April 2018 (Case R 409/2017-1), relating to invalidity proceedings between Mr Ingram and Mr Nonnemacher.
Operative part
The Court:
Dismisses the action;
Orders Mr Klaus Nonnemacher to pay the costs.