Judgment of the General Court (Tenth Chamber) of 10 March 2021

1. 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 16, 17, 58)

2. 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. 18)

3. 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 marks HAUZ LONDON and HOUZZ

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

(see paras 24, 25, 37, 42, 47, 68-72)

4. 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 26, 27)

5. 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 28, 34, 40)

6. 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 assessmentDistinctiveness or reputation of the earlier markEffect

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

(see paras 48, 49, 59)

7. 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 markWeighing elements of similarity or difference between the signsTaking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketed

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

(see paras 60, 61)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 19 November 2019 (Case R 884/2019-5), relating to opposition proceedings between Houzz and Hauz 1929.

Operative part

The Court:

1. Dismisses the action;

2. Orders Hauz 1929 Ltd to pay the costs.