Judgment of the General Court (Seventh Chamber) of 14 September 2016 —
Lotte v EUIPO — Kuchenmeister (KOALA LAND)
(Case T‑479/15)
(EU trade mark — Opposition proceedings — Application for EU word mark KOALA LAND — Prior national word mark KOALA — Rejection in part of the application for registration — Likelihood of confusion — Genuine use — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 42(2) and (3) of Regulation No 207/2009)
1. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 15-17, 25)
2. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Use of the mark in a form differing by elements not altering the distinctive character of the mark (Council Regulation No 207/2009, Arts 15(1), second para., (a), and 42(2) and (3)) (see para. 30)
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 — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36, 44, 50)
4. 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 KOALA LAND and KOALA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 37, 41, 43, 47, 48, 53)
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 between the goods or services in question — Criteria for assessment — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 38)
6. EU trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (Council Regulation No 207/2009) (see para. 55)
Re:
| ACTION brought against the decision of the First Board of Appeal of EUIPO of 4 June 2015 (Case R 815/2014-1) concerning opposition proceedings between Kuchenmeister and Lotte. |
Operative part
The Court:
2. | | Orders Lotte Co. Ltd to pay the costs. |