Judgment of the General Court (Fifth Chamber) of 20 September 2019.Sixsigma Networks Mexico, SA de CV v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark DOKKIO — Earlier EU figurative mark representing two diagonal lines followed by a vertical line and a circle — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001.Case T-67/19.

Judgment // 20/09/2019 // 3 min read
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Judgment of the General Court (Fifth Chamber) of 20 September 2019 –Sixsigma Networks Mexico v EUIPO — Dokkio (DOKKIO)

(Case T‑67/19)

(EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark DOKKIO — Earlier EU figurative mark representing two diagonal lines followed by a vertical line and a circle — 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 19, 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

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

(see para. 27)

  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 mark DOKKIO — Figurative mark representing two diagonal lines followed by a vertical line and a circle

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

(see paras 37-41, 59, 60)

  1. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case

(European Parliament and Council Regulation 2017/1001)

(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 — High distinctiveness of the earlier mark — Irrelevant where no similarity between the marks concerned

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

(see para. 58)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 21 November 2018 (Case R 1187/2018-2), relating to opposition proceedings between Sixsigma Networks Mexico and Dokkio.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Sixsigma Networks Mexico, SA de CV to pay the costs.

Trade marks