Judgment of the General Court (Second Chamber) of 8 June 2022.Deutschtec GmbH v European Union Intellectual Property Office.EU trade mark – Opposition proceedings – Application for the EU word mark HOLUX – Earlier international registration in respect of the word mark HOLUX – Relative grounds for refusal – Likelihood of confusion – Article 8 (1)(a) and (b) of Regulation (EU) 2017/1001.Case T-738/20.

Judgment // 08/06/2022 // 2 min read
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Judgment of the General Court (Second Chamber) of 8 June 2022 –Deutschtec v EUIPO – Group A (HOLUX)

(Case T‑738/20) ( 1 )

( EU trade mark – Opposition proceedings – Application for the EU word mark HOLUX – Earlier international registration in respect of the word mark HOLUX – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 )

  1. Judicial proceedings – Application initiating proceedings – Formal requirements – Summary of the pleas in law on which the application is based

(Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d))

(see para. 15)

  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 19-21)

  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 between the goods or services in question – Criteria for assessment – Complementary nature of the goods or services

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

(see paras 34, 37, 48, 49, 62)

  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 marks HOLUX

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

(see paras 35, 38, 57, 63-65, 72, 78-83)

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Deutschtec GmbH to pay the costs.

( 1 ) OJ C 53, 15.2.2021.

Trade marks