Judgment of the General Court (Fourth Chamber) of 14 December 2018 –
TDH Group v EUIPO — Comercial de Servicios Agrigan (Pet Cuisine)
(Case T‑46/17)
(EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark Pet Cuisine — Earlier EU figurative mark The Pet CUISINE alimento para mascotas felices Genial — 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))
1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies — Not included
(Council Regulation No 207/2009, Art. 65)
(see para. 27)
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 — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 37, 38, 142)
3. EU trade mark — Procedural provisions — Statement of reasons for decisions
(Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence)
(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 — Similarity between the goods or services in question — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 54, 55)
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 72, 74, 85)
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 — Assessment of the distinctiveness of an element composing a trade mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 73)
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 — Elements of a trade mark having a descriptive character
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 75)
8. 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 marks Pet Cuisine and The Pet CUISINE alimento para mascotas felices Genial
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 98, 103, 108, 109, 115, 126, 141, 153)
Re:
| Action brought against the decision of the Second Board of Appeal of EUIPO of 10 November 2016 (Case R 685/2016-2), relating to opposition proceedings between Comercial de Servicios Agrigán and TDH Group. |
Operative part
The Court:
2. | | Orders TDH Group to pay the costs. |