Judgment of the General Court (Seventh Chamber) of 14 February 2019.Beko plc v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — Application for EU figurative mark ALTUS — Earlier national word marks ALTOS — Revocation proceedings in respect of earlier marks initiated before national authorities — Likelihood of confusion — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625).Case T-162/18.

Judgment // 14/02/2019 // 3 min read
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Judgment of the General Court (Seventh Chamber) of 14 February 2019 –Beko v EUIPO — Acer (ALTUS)

(Case T‑162/18)

(EU trade mark — Opposition proceedings — Application for EU figurative mark ALTUS — Earlier national word marks ALTOS — Revocation proceedings in respect of earlier marks initiated before national authorities — Likelihood of confusion — Suspension of the administrative proceedings — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625))

  1. EU trade mark — Appeals procedure — Actions before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Precluded

(European Parliament and Council Regulation 2017/1001, Art. 72(6))

(see para. 23)

  1. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Unambiguous wording of the form of order sought by the applicant

(Rules of Procedure of the General Court, Art. 76(1)(e))

(see para. 24)

  1. EU trade mark — Appeals procedure — Appeals to a Board of Appeal — Suspension of proceedings — Conditions

(Commission Regulation No 2868/95, Art. 1, Rule 20(7)(c))

(see paras 34-36, 38, 39, 44, 53, 57)

  1. EU trade mark — Surrender, revocation and invalidity — Application for revocation — Opposition proceedings already brought on the basis of the same mark — Admissibility

(European Parliament and Council Regulation 2017/1001, Arts 46, 47 (2), 58 (1) (a) and 63 (1) (a); Commission Regulation No 2868/95, Art. 1, Rule 18)

(see para. 42)

  1. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Scope — Appeals procedure — Examination by the Board of Appeal — Scope — Taking into account of changes in circumstances

(European Parliament and Council Regulation 2017/1001, Art. 70(1))

(see para. 43)

  1. EU trade mark — Effects of the EU trade mark — Rights conferred by a trade mark — Right to prohibit the use of the mark — Use of an identical or similar sign covering identical or similar products or services — Extent of the exclusive right granted to the proprietor — Period of five years following registration

(European Parliament and Council Regulation 2017/1001, Arts 9 (2) (b), 18 (1) and 58 (1) (a) and (2))

(see paras 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 — Expiry of the earlier mark during the opposition proceedings — No conflict between the marks

(European Parliament and Council Regulation 2017/1001, Arts 8 (1) (b) and 46)

(see para. 56)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 December 2017 (Case R 1991/2016-5) relating to opposition proceedings between Acer and Beko.

Operative part

The Court:

  1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 December 2017 (Case R 1991/2016-5);

  2. Orders EUIPO to bear its own costs and to pay those incurred by Beko plc.

Trade marks