Judgment of the General Court (Sixth Chamber) of 10 November 2021 –
Phi Group v EUIPO – Gruppo Cadoro (REDELLO)
(Case T‑532/20)
(EU trade mark – Opposition proceedings – Application for EU word mark REDELLO – Earlier EU figurative mark CADELLO 88 – 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 15-17, 86, 87)
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 – Refusal to register where there is a relative ground for refusal, even if limited to part of the Union
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 18)
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 of the marks concerned – Criteria for assessment – Composite mark
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 24, 25, 28)
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 mark REDELLO and figurative mark CADELLO 88
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 53, 71, 77, 85, 89-94)
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 – Visual similarity between a figurative mark and a word mark
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 63, 64)
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 – Whether conceptual differences may neutralise visual or aural similarities – Conditions
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 82)
Re:
| Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 June 2020 (Case R 2677/2019-4), relating to opposition proceedings between Gruppo Cadoro and Phi Group. |
Operative part
The Court:
2. | | Orders Phi Group GmbH to pay the costs. |