Judgment of the General Court (Second Chamber) of 17 November 2021 –
Soapland v EUIPO – Norma (Manou)
(Case T‑504/20)
(EU trade mark – Opposition proceedings – Application for the EU word mark Manòu – Earlier national and international word marks MANOU – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use of the earlier marks)
1. Judicial proceedings – Pleas raised – Interpretation by the court – Limit – Change in the subject matter of the proceedings
(see para. 31)
2. EU trade mark – Procedural provisions – Statement of reasons for decisions – Scope
(European Parliament and Council Regulation 2017/1001, Art. 94)
(see para. 34)
3. Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Brief statement of the pleas in law on which the application is based
(Statute of the Court of Justice, Art. 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d))
(see para. 35)
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 – Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 37-39, 62)
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 – Likelihood of confusion with the earlier mark – Word marks Manòu and MANOU
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 41, 42, 50, 53, 58, 59, 63-66)
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 between the goods or services in question – Complementary nature of the goods – Clothes, footwear and headgear within Class 25 of the Nice Agreement and clothing accessories of leather and imitations of leather within Class 18 of the Nice Agreement
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 44, 49, 54)
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 – Similarity of the marks concerned – Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 55)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 8 June 2020 (Case R 1504/2019-1), concerning opposition proceedings between Norma Lebensmittelfilialbetrieb Stiftung & Co. and Soapland GmbH & Co.
Operative part
The Court:
2. | | Orders Soapland GmbH & Co. OHG to pay the costs. |