Judgment of the General Court (Third Chamber) of 13 March 2019.Wirecard Technologies GmbH v European Union Intellectual Property Office.EU trade mark — Invalidity proceedings — EU word mark supr — Earlier Benelux word mark Zupr — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001.Case T-297/18.

Judgment of the General Court (Third Chamber) of 13 March 2019 –Wirecard Technologies v EUIPO — Striatum Ventures (supr)

(Case T‑297/18)

(EU trade mark — Invalidity proceedings — EU word mark supr — Earlier Benelux word mark Zupr — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 60(1)(a) and 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, 66-68)

2. 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. 23)

3. 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

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

(see paras 24, 30)

4. 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 supr and Zupr

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

(see paras 39, 55, 58, 63, 75-78)

5. 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 — Whether conceptual differences may counteract visual or phonetic similarities — Conditions

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

(see para. 74)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 February 2018 (Case R 2028/2017-5), relating to invalidity proceedings between Striatum Ventures and Wirecard Technologies.

Operative part

The Court:

1. Dismisses the action;

2. Orders Wirecard Technologies GmbH to pay the costs.