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Judgment of the General Court (Ninth Chamber) of 27 February 2020

Judgment of the General Court (Ninth Chamber) of 27 February 2020

Data

Court
General Court
Case date
27 februari 2020

Verdict

Judgment of the General Court (Ninth Chamber) of 27 February 2020 –
Knaus Tabbert v EUIPO — Carado (CaraTour)

(Case T‑202/19)

"(European Union trade mark - Opposition proceedings - Application for European Union word mark CaraTour - Earlier European Union word mark Carado - Relative ground for refusal - 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, 24, 44, 81)

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 assessmentComplementary nature of the goods or services

(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 assessment

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

(see paras 48, 49, 53, 60, 67, 68)

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 marks CaraTour and Carado

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

(see paras 82, 83)

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 markCoexistence of earlier marks on the marketEffect

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

(see para. 84)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 14 January 2019 (Case R 506/2018-5) relating to opposition proceedings between Carado and Knaus Tabbert.

Operative part

The Court:

dismisses the application;

orders Knaus Tabbert GmbH to bear the costs.