Judgment of the General Court (Fifth Chamber) of 5 December 2019

Data

Court: General Court

Case date: 5 december 2019

Verdict

Judgment of the General Court (Fifth Chamber) of 5 December 2019 –
Idea Groupe v EUIPO — The Logistical Approach (Idealogistic Verhoeven Greatest care in getting it there)

(Case T‑29/19)

"(EU trade mark - Opposition proceedings - Application for EU figurative mark Idealogistic Verhoeven Greatest care in getting it there - Earlier national word marks idéa logistique, IDEA and groupe idea - Earlier national figurative mark iDÉA - International registrations designating the European Union - Earlier figurative mark iDÉA and earlier word mark IDEA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Use of a sign in the course of trade of more than mere local significance - Article 8(4) of Regulation 2017/1001)"

EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtRe-evaluation of the facts in the light of evidence produced for the first time before itPrecluded

(European Parliament and Council Regulation 2017/1001, Art. 72)

(see para. 20)

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 markMarque figurative Idealogistic Verhoeven Greatest care in getting it thereWord marks idéa logistique, IDEA and groupe ideaFigurative marks iDÉA

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

(see paras 46, 50, 72, 79-81)

EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealReview of the legal classification given to the facts of the dispute

(European Parliament and Council Regulation 2017/1001, Art. 72)

(see para. 120)

Judicial proceedingsObligation on the court to respect the framework of the dispute defined by the partiesNo obligation on the court to rule solely on the basis of the arguments raised by the parties

(see para. 120)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 November 2018 (Case R 2064/2017-4), relating to opposition proceedings between Idea Groupe and The Logistical Approach.

Operative part

The Court:

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 November 2018 (Case R 2064/2017-4);

Orders EUIPO and The Logistical Approach BV to bear their own costs and each to pay half of the costs incurred by Idea Groupe.