Judgment of the General Court (Eighth Chamber) of 1 March 2023
Judgment of the General Court (Eighth Chamber) of 1 March 2023
Data
- Court
- General Court
- Case date
- 1 maart 2023
Verdict
Judgment of the General Court (Eighth Chamber) of 1 March 2023 –
Canai Technology v EUIPO – Trend Fin (HE&ME)
(Case T‑25/22)(1)
"(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark HE&ME - Earlier Benelux word mark ME - Relative ground for refusal - Similarity of the signs - Weak distinctive character of the earlier mark - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)"
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 paragraphs 17, 18, 70)
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 servicesSimilarity of the marks concernedCriteria for assessmentComposite markAssessment of the distinctive character of an element of which a trade mark is composed
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraphs 24-27, 44)
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 servicesSimilarity of the marks concernedElements of a trade mark having a descriptive character
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraph 36)
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 markFigurative mark HE&ME and word mark ME
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraphs 43, 65, 69, 78-80, 82)
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 servicesLikelihood of confusion with the earlier markWeak distinctive character of the earlier markEffect
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraphs 76, 77)
6. EU trade markDecisions of EUIPOLegalityEUIPO’s previous decision-making practiceNeed for a stringent and full examination in each individual case
(European Parliament and Council Regulation 2017/1001)
(see paragraph 81)
Operative part
The Court:
1. Dismisses the action;
2. Orders Canai Technology Co. Ltd to pay the costs.