Judgment of the General Court (Sixth Chamber) of 10 November 2021

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 15-17, 86, 87)

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 where there is a relative ground for refusal, even if limited to part of the Union

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

(see para. 18)

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 24, 25, 28)

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 mark REDELLO and figurative mark CADELLO 88

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

(see paras 53, 71, 77, 85, 89-94)

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 concernedVisual similarity between a figurative mark and a word mark

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

(see paras 63, 64)

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 concernedWhether conceptual differences may neutralise visual or aural similaritiesConditions

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

(see para. 82)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 June 2020 (Case R 2677/2019-4), relating to opposition proceedings between Gruppo Cadoro and Phi Group.

Operative part

The Court:

Dismisses the action;

Orders Phi Group GmbH to pay the costs.