Judgment of the General Court (First Chamber) of 9 July 2019

Data

Court: General Court

Case date: 9 juli 2019

Verdict

Judgment of the General Court (First Chamber) of 9 July 2019 –
Hugo’s Hotel v EUIPO — H’ugo’s (HUGO’S BURGER Bar)

(Case T‑397/18)

"(EU trade mark - Opposition proceedings - Application for EU figurative mark HUGO’S BURGER Bar - Earlier EU word mark H’ugo’s - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)"

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 23-25)

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 HUGO’S BURGER Bar and word mark H’ugo’s

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

(see paras 32, 48, 55, 64, 72, 77, 84, 90)

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 paras 37, 38)

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 53, 54, 66)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 May 2018 (Case R 1879/2017-4), relating to opposition proceedings between H’ugo’s and Hugo’s Hotel 2 May 2018 (Case R 1879/2017-4), relating to opposition proceedings between H’ugo’s and Hugo’s Hotel.

Operative part

The Court:

Dismisses the action;

Orders Hugo’s Hotel Ltd to pay the costs.