Order of the General Court (Seventh Chamber) of 6 June 2023
Order of the General Court (Seventh Chamber) of 6 June 2023
Data
- Court
- General Court
- Case date
- 6 juni 2023
Verdict
Order of the General Court (Seventh Chamber) of 6 June 2023 –
Spreewood Distillers v EUIPO – Radgonske gorice (STORK)
(Case T‑433/22)(*)
"(EU trade mark - Opposition proceedings - Application for EU word mark STORK - Earlier national word mark GOLDEN STORK - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)"
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, 38)
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 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 paragraph 17)
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 publicAttention level of the public
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraph 18)
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 between the goods or services in questionCriteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraphs 20, 24)
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 STORK and GOLDEN STORK
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraphs 27, 34-37, 44)
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 paragraph 28)
Operative part
The action is dismissed.
Each party shall bear its own costs.