Judgment of the General Court (Seventh Chamber) of 27 February 2019.Erkan Aytekin v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — Application for EU figurative mark Dienne — Earlier EU figurative mark ENNE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001.Case T-107/18.

Judgment // 27/02/2019 // 3 min read
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Judgment of the General Court (Seventh Chamber) of 27 February 2019 –Aytekin v EUIPO — Dienne Salotti (Dienne)

(Case T‑107/18)

(EU trade mark — Opposition proceedings — Application for EU figurative mark Dienne — Earlier EU figurative mark ENNE — 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 18, 19, 73)

  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. 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 — Similarity of the marks concerned — Criteria for assessment — Composite mark

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

(see paras 26, 27, 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 — 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

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

(see para. 74)

  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 Dienne and ENNE

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

(see paras 77-82)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 15 December 2017 (Case R 1444/2017-2), relating to opposition proceedings between Mr Aytekin and Dienne Salotti.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Mr Erkan Aytekin to bear his own costs and to pay those incurred, in connection with the present proceedings, by the European Union Intellectual Property Office (EUIPO) and by Dienne Salotti Srl.

Trade marks