Judgment of the General Court (Tenth Chamber) of 17 March 2021.Chatwal Hotels & Resorts LLC v European Union Intellectual Property Office.EU trade mark – Opposition proceedings – Application for the EU word mark THE TIME – Earlier EU word mark TIMEHOUSE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.Case T-186/20.

Judgment // 17/03/2021 // 1 min read
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Judgment of the General Court (Tenth Chamber) of 17 March 2021 –Chatwal v EUIPO – Timehouse Capital (THE TIME)

(Case T‑186/20)

(EU trade mark – Opposition proceedings – Application for the EU word mark THE TIME – Earlier EU word mark TIMEHOUSE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001)

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 THE TIME and TIMEHOUSE

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

(see paras 31, 37, 40, 43-45)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 28 January 2020 (Case R 2264/2018-1), relating to opposition proceedings between Timehouse Capital and Chatwal Hotels & Resorts.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Chatwal Hotels & Resorts LLC to pay the costs.

Trade marks