Order of the General Court (Third Chamber) of 21 May 2021
Order of the General Court (Third Chamber) of 21 May 2021
Data
- Court
- General Court
- Case date
- 21 mei 2021
Verdict
Order of the General Court (Third Chamber) of 21 May 2021 –
TrekStor v EUIPO – Yuneec Europe (Breeze)
(Case T‑158/20)
"(EU trade mark - Opposition proceedings - Application for EU word mark Breeze - Earlier EU word mark Breeze - Relative ground for refusal - Comparison of the goods - Likelihood of confusion - Article 8(1)(a) and (b) of Regulation (EC) No 207/2009 (now Article 8(1)(a) and (b) of Regulation (EU) 2017/1001) - Action manifestly lacking any foundation in law)"
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 servicesSimilarity between the goods or services in questionCriteria for assessment
(Council Regulation No 207/2009, Art. 8(1))
(see paras 28, 30, 42, 43)
2. EU trade markDecisions of the OfficeLegalityThe Office’s previous decision-making practiceNeed for a strict and complete examination in each particular case
(Council Regulation No 207/2009)
(see paras 31, 48)
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 markCriteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 36, 37, 82)
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 servicesLikelihood of confusion with the earlier markWord marks Breeze and Breeze
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 46, 50-52, 64, 71, 77, 83)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 January 2020 (Case R 470/2020-4), relating to opposition proceedings between Yuneec Europe and TrekStor.
Operative part
1. The action is dismissed.
2. TrekStor Ltd is ordered to pay the costs.