Judgment of the General Court (Fifth Chamber) of 15 September 2021 –
Celler Lagravera v EUIPO – Cyclic Beer Farm (Cíclic)
(Case T‑673/20)
(EU trade mark – Opposition proceedings – Application for EU figurative mark Cíclic – Earlier EU word mark CYCLIC – 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 – Assessment of the likelihood of confusion
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 20-23)
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. 25)
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 between the goods or services in question – Criteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 29, 34)
4. EU trade mark – Appeals procedure – Action before the EU judicature – Power of the General Court to alter the contested decision – Limits – Limited to manifest errors of assessment
(European Parliament and Council Regulation 2017/1001, Art. 72(3))
(see para. 36)
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 – Criteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 37, 45, 46)
6. 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 – Visual similarity between a figurative mark and a word mark
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 42)
7. 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 – Figurative mark CÍCLIC and word mark CYCLIC
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 43, 44, 47, 48, 50)
8. 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 – Criteria
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 49)
Re:
| Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 August 2020 (Case R 465/2020-5) relating to opposition proceedings between Cyclic Beer Farm and Celler Lagravera. |
Operative part
The Court:
2. | | Orders Celler Lagravera, SLU to pay the costs. |