Judgment of the General Court (Eighth Chamber) of 30 November 2017.FTI Touristik GmbH v European Union Intellectual Property Office.European Union trade mark — Opposition proceedings — Application for EU figurative mark FI - Prior EU figurative mark fly.de — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001).Case T-475/16.

Judgment // 30/11/2017 // 2 min read
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Judgment of the General Court (Eighth Chamber) of 30 November 2017 – FTI Touristik v EUIPO – Prantner and Giersch (Fl)

(Case T-475/16)

(European Union trade mark — Opposition proceedings — Application for EU figurative mark FI — Prior EU figurative mark fly.de — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

  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 21, 22, 58)

  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–Similarity of the marks concerned–Criteria for assessment–Composite mark

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

(see para 26)

  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–Weighing elements of similarity or difference between the signs–Taking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketed

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

(see para 30)

  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–Figurative marks Fl and fly.de

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

(see paras 55-57, 64, 65)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 16 June 2016 (Case R 480/2015-5) concerning opposition proceedings between FTI Touristik and Messrs Prantner and Giersch

Operative part

The Court:

  1. Dismisses the action;

  2. Orders FTI Touristik GmbH to pay the costs.

Trade marks