Judgment of the General Court (Sixth Chamber) of 15 June 2017 —
Fakro v EUIPO — Saint Gobain Cristalería (climaVera)
(Case T‑457/15)
(EU trade mark — Opposition proceedings — Application for EU figurative mark climaVera — Earlier EU word mark CLIMAVER DECO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
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 — Assessment of the likelihood of confusion — Criteria
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 16, 84)
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
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 20)
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 — Figurative mark climaVera and word mark CLIMAVER DECO
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 24, 47, 57, 60, 65, 66, 72, 80, 85, 87, 88)
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 — 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 paras 35, 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 — Composite mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 48-50, 62, 76)
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
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 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 — Likelihood of confusion with the earlier mark — Weak distinctive character of the earlier mark — Effect
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 86)
Re:
| ACTION brought against the decision of the Second Board of Appeal of EUIPO of 12 May 2015 (Case R 2095/2014-2) relating to opposition proceedings between Saint Gobain Cristalería and Fakro. |
Operative part
The Court:
2. | | Orders Fakro sp. z o.o. to pay the costs. |