Judgment of the General Court (First Chamber) of 7 March 2018.Equivalenza Manufactory, SL v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — Application for the EU figurative mark BLACK LABEL BY EQUIVALENZA — Earlier international figurative mark LABELL — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b), of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001).Case T-6/17.

Judgment // 07/03/2018 // 2 min read
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Judgment of the General Court (First Chamber) of 7 March 2018 — Equivalenza Manufactory v EUIPO — ITM Entreprises (BLACK LABEL BY EQUIVALENZA)

(Case T‑6/17)

(EU trade mark — Opposition proceedings — Application for the EU figurative mark BLACK LABEL BY EQUIVALENZA — Earlier international figurative mark LABELL — Relative ground for refusal — Likelihood of confusion — Similarity of 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 15, 16)

  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

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

(see paras 19-22, 47, 48)

  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 BLACK LABEL BY EQUIVALENZA and LABELL

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

(see paras 51-57)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 11 October 2016 (Case R 690/2016-2) relating to opposition proceedings between ITM Entreprises and Equivalenza Manufactory.

Operative part

The Court:

  1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 October 2016 (Case R 690/2016-2);

  2. Orders EUIPO to bear its own costs and to pay those incurred by, Equivalenza Manufactory, SL in the proceedings before the General Court.

Trade marks