Judgment of the General Court (Third Chamber) of 15 September 2021 –
Albéa Services v EUIPO – dm-drogerie markt (ALBÉA)
(Case T‑852/19)
(EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark ALBÉA – Earlier international registration designating the European Union – Word mark Balea – Relative ground for refusal – Likelihood of confusion – Distinctiveness of the earlier international registration designating the European Union – Article 8(1)(b) of Regulation (EC) No 207/2009 (now 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 – Assessment of the likelihood of confusion
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 25, 26)
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 paras 27, 32)
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 between the goods or services in question – Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 40, 41, 43)
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 – Complementary nature of the goods or services
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 42)
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 – Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 80)
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 – Likelihood of confusion with the earlier mark – Enhanced distinctiveness of the earlier mark – Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 81, 82, 91, 92)
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 – Figurative mark ALBÉA and word mark Balea
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 95-99)
Re:
| Action brought against the decision of the Second Board of Appeal of EUIPO of 23 September 2019 (Case R 1480/2019-2), relating to opposition proceedings between dm-drogerie markt and Albéa Services. |
Operative part
The Court:
1. | | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 September 2019 (Case R 1480/2019-2) to the extent that it annulled the decision of the Opposition Division, except in so far as it annulled the decision of the Opposition Division as regards ‘cosmetics’ in Class 3; |
2. | | Dismisses the remainder of the action; |
3. | | Orders EUIPO to bear its own costs and to pay those incurred by Albéa Services; |
4. | | Orders dm-drogerie markt GmbH & Co. KG to bear its own costs. |