Judgment of the General Court (Third Chamber) of 9 September 2020.Sumol + Compal Marcas, SA v European Union Intellectual Property Office.EU trade mark – Opposition proceedings – Application for EU figurative mark Dr. Jacob’s essentials – Earlier international word mark COMPAL ESSENCIAL – Earlier national and international figurative marks FRUTA essencial, COMPAL essencial and Compal FRUTA essencial – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.Case T-879/19.

Judgment // 09/09/2020 // 2 min read
bookmark 6 citations

Judgment of the General Court (Third Chamber) of 9 September 2020 –Sumol + Compal Marcas v EUIPO – Jacob (Dr. Jacob’s essentials)

(Case T‑879/19)

(EU trade mark – Opposition proceedings – Application for EU figurative mark Dr. Jacob’s essentials – Earlier international word mark COMPAL ESSENCIAL – Earlier national and international figurative marks FRUTA essencial, COMPAL essencial and Compal FRUTA essencial – 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 paras 38, 39, 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 – Similarity of the marks concerned – Assessment of the distinctive character of an element of which a trade mark is composed

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

(see para. 40)

  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 Jacob’s essentials – Word mark COMPAL ESSENCIAL and figurative marks FRUTA essencial, COMPAL essencial and Compal FRUTA essencial

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

(see paras 44, 47-50, 52)

  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 45, 46)

Re:

Action for annulment of the decision of the First Board of Appeal of EUIPO of 3 October 2019 (Case R 1025/2019 1), relating to opposition proceedings between Sumol + Compal Marcas and Mr Jacob.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Sumol + Compal Marcas, SA to pay the costs relating to the present action.

Trade marks