Judgment of the General Court (Fifth Chamber) of 7 March 2019.Laverana GmbH & Co.KG v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — Application for EU word mark VERA GREEN — Earlier EU word mark LAVERA — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001.Case T-106/18.

Judgment // 07/03/2019 // 3 min read
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Judgment of the General Court (Fifth Chamber) of 7 March 2019 –Laverana v EUIPO — Agroecopark (VERA GREEN)

(Case T‑106/18)

(EU trade mark — Opposition proceedings — Application for EU word mark VERA GREEN — Earlier EU word mark LAVERA — Relative ground for refusal — No likelihood of confusion — 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

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see paras 22, 23, 121, 127)

  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

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see para. 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 between the goods or services in question — Criteria for assessment

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see para. 32)

  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

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see paras 34, 38-41, 85, 113)

  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 — Assessment of the distinctiveness of an element of a trade mark

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see para. 42)

  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 VERA GREEN and LAVERA

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see paras 58, 63, 76, 79, 94, 107, 116, 120, 128-131)

  1. EU trade mark — Definition and acquisition of the EU trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies

(European Parliament and Council Regulation 2017/1001)

(see para. 134)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 December 2017 (Case R 982/2017-5) relating to opposition proceedings between Laverana and Agroecopark.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Laverana GmbH & Co. KG to pay the costs.

Trade marks