Judgment of the General Court (Eighth Chamber) of 5 May 2017.Globo Media, SA v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — Application for EU word mark GLOBO MEDIA — Earlier national figurative mark TV GLOBO PORTUGAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009.Case T-262/16.

Judgment of the General Court (Eighth Chamber) of 5 May 2017 —Globo Media v EUIPO — Globo Comunicação e Participações (GLOBO MEDIA)

(Case T‑262/16)

(EU trade mark — Opposition proceedings — Application for EU word mark GLOBO MEDIA — Earlier national figurative mark TV GLOBO PORTUGAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

1. EU trade mark—Definition and acquisition of the EU trade mark—Relative grounds for refusal—Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services—Likelihood of confusion with the earlier mark—Criteria for assessment

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 17, 18, 50)

2. EU trade mark—Definition and acquisition of the EU trade mark—Relative grounds for refusal—Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services—Likelihood of confusion with the earlier mark—Word mark GLOBO MEDIA—Figurative mark TV GLOBO PORTUGAL

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 20, 21, 53, 54, 60)

3. EU trade mark—Definition and acquisition of the EU trade mark—Relative grounds for refusal—Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services—Similarity of the marks concerned—Criteria for assessment—Composite mark—Determination of dominant component(s)

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 22, 23, 31)

4. EU trade mark—Definition and acquisition of the EU trade mark—Relative grounds for refusal—Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services—Similarity of the marks concerned—Criteria for assessment—Composite mark—Weak distinctive character of the dominant element

(Council Regulation No 207/2009, Art. 8(1)(b))

(see para. 34)

5. EU trade mark—Definition and acquisition of the EU trade mark—Relative grounds for refusal—Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services—Similarity of the marks concerned—Possibility of a visual similarity between a figurative mark and a word mark

(Council Regulation No 207/2009, Art. 8(1)(b))

(see para. 37)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 14 March 2016 (Case R 0561/2014-4), relating to opposition proceedings between Globo Comunicação e Participações and Globo Media.

Operative part

The Court:

1. Dismisses the action;

2. Orders Globo Media, SA to pay the costs.