Judgment of the General Court (First Chamber) of 20 September 2018.Maico Holding GmbH v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — Application for EU word mark Eico — Earlier EU word mark MAICO — Relative ground for refusal — No 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-668/17.

Judgment // 20/09/2018 // 2 min read
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Judgment of the General Court (First Chamber) of 20 September 2018 –Maico Holding v EUIPO — Eico (Eico)

(Case T‑668/17)

(EU trade mark — Opposition proceedings — Application for EU word mark Eico — Earlier EU word mark MAICO — Relative ground for refusal — No 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 19, 20)

  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 — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public

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

(see paras 21, 24)

  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 para. 28)

  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 para. 41)

  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 — Word marks Eico and MAICO

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

(see paras 42-45)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 July 2017 (Case R 2089/2016-4), relating to opposition proceedings between Maico Holding and Eico.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Maico Holding GmbH to pay the costs.

Trade marks