Judgment of the General Court (Seventh Chamber) of 24 May 2023 –
Granini France v EUIPO – Pichler (Joro)
(Case T‑68/22) (1)
(EU trade mark – Opposition proceedings – Application for EU word mark Joro – Earlier national word mark JOKO – Relative ground for refusal – Likelihood of confusion – Similarity of goods – 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 identical or similar earlier mark registered in respect of 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 paragraph 14)
2. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of 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 paragraph 15)
3. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Word marks Joro and JOKO
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraphs 21-23, 25-28, 33)
4. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Similarity between the goods or services in question – Criteria for assessment – Bottled drinking water or mineral water – Alcoholic beverages
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paragraph 24)
5. EU trade mark – Appeals procedure – Action before the EU judicature – Power of the General Court to alter the contested decision – Limits
(European Parliament and Council Regulation 2017/1001, Art. 72(2) and (3))
(see paragraph 32)
Operative part
The Court:
1. | | Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 November 2021 (Case R 2336/2020-1); |
2. | | Dismisses the action as to the remainder; |
3. | | Orders EUIPO to pay the costs. |