Judgment of the General Court (Eighth Chamber) of 26 April 2023

1. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of 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, 64)

2. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionDetermination of the relevant publicLevel of attention of the public

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

(see paragraph 18)

3. EU trade markDecisions of EUIPOLegalityEUIPO’s previous decision-making practice

(European Parliament and Council Regulation 2017/1001)

(see paragraph 29)

4. EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountDecisions of national authorities not binding on EU bodies

(European Parliament and Council Regulation 2017/1001)

(see paragraph 30)

5. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of 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 34, 39-41)

6. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markWord marks XTG and GTX

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

(see paragraphs 68-71)

Operative part

The Court:

1. Dismisses the action;

2. Orders Volkswagen AG to pay the costs.