Judgment of the General Court (Fifth Chamber) of 12 July 2019

Data

Court: General Court

Case date: 12 juli 2019

Verdict

Judgment of the General Court (Fifth Chamber) of 12 July 2019 –
Audimas v EUIPO — Audi (AUDIMAS)

(Case T‑467/18)

"(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark AUDIMAS - Earlier EU word mark AUDI - 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, Art. 8(1)(b))

(see paras 19, 20, 66)

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. 22)

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 markRefusal to register on a ground relating to refusal even limited to part of the Union

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

(see paras 23, 24)

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 31, 32, 37)

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 AUDIMAS and word mark AUDI

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

(see paras 44, 53, 60, 64, 70, 73, 75, 78)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 May 2018 (Case R 2425/2017-2) relating to opposition proceedings between Audi and Audimas.

Operative part

The Court:

Dismisses the action;

Orders Audimas AB to pay the costs.