Judgment of the General Court (Fifth Chamber) of 1 February 2023

Data

Court: General Court

Case date: 1 februari 2023

Verdict

Judgment of the General Court (Fifth Chamber) of 1 February 2023 –
NFL Properties Europe v EUIPO – Groupe Duval (DUUUVAL)

(Case T‑671/21)^(*)

"(EU trade mark - Opposition proceedings - Application for the EU word mark DUUUVAL - Earlier EU figurative mark GROUPE DUVAL - Relative ground for refusal - Likelihood of confusion - 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 paragraphs 16, 17, 60)

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

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

(see paragraphs 20, 21, 24, 25)

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 paragraphs 33-35)

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 DUUUVAL and figurative mark GROUPE DUVAL

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

(see paragraphs 32, 45, 46, 59, 67, 68)

Operative part

The Court:

Dismisses the action;

Orders NFL Properties Europe GmbH to pay the costs.