Judgment of the General Court (Ninth Chamber) of 20 June 2017 — Industrie Aeronautiche Reggiane v EUIPO — Audi (NSU)
(Case T‑541/15)
(EU trade mark — Opposition proceedings — Application for EU word mark NSU — Prior national word mark NSU — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — 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); Commission Regulation No 2868/95, Art. 1, Rule 22(3))
(see paras 25, 27, 28)
2. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Interpretation taking account of the rationale of Article 42(2) and (3) of Regulation No 207/2009
(Council Regulation No 207/2009, tenth recital and Art. 42(2) and (3); Commission Regulation No 2868/95, Art. 1, Rule 22(3))
(see para. 26)
3. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Determination of a minimal quantitative use threshold — Precluded
(Council Regulation No 207/2009, Art. 42(2) and (3))
(see para. 45)
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 para. 54)
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
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 55)
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 or services
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 56)
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 — Word marks NSU
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 71, 73)
Re:
| ACTION brought against the decision of the Second Board of Appeal of EUIPO of 6 July 2015 (Case R 2132/2014-2) concerning opposition proceedings between Audi and Industrie Aeronautiche Reggiane. |
Operative part
The Court:
2. | | Orders Industrie Aeronautiche Reggiane to pay the costs. |