Judgment of the General Court (Third Chamber) of 28 March 2019.Julius-K9 Zrt v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — Application for EU figurative mark K9 UNIT — Earlier EU figurative mark unit — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001.Case T-276/18.

Judgment // 28/03/2019 // 3 min read
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Judgment of the General Court (Third Chamber) of 28 March 2019 –Julius-K9 v EUIPO — El Corte Inglés (K9 UNIT)

(Case T‑276/18)

(EU trade mark — Opposition proceedings — Application for EU figurative mark K9 UNIT — Earlier EU figurative mark unit — Relative ground for refusal — 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 para. 30)

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

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

(see paras 31, 32, 39, 44, 49)

  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. 60)

  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 K9 UNIT and unit

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

(see paras 62-64)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 February 2018 (Case R 1432/2017-2) relating to opposition proceedings between Hipercor, SA and Julius-K9.

Operative part

The Court:

  1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 February 2018 (Case R 1432/2017-2);

  2. Orders EUIPO to bear its own costs and to pay those incurred by Julius-K9 Zrt;

  3. Orders El Corte Inglés, SA to bear its own costs.

Trade marks