Judgment of the General Court (Sixth Chamber) of 8 June 2017 — Groupe Léa Nature v EUIPO — Debonair Trading Internacional (SO’BiO ētic)
(Case T‑341/13 RENV)
(EU trade mark — Opposition proceedings — Application for the EU figurative mark SO’BiO ētic — Earlier EU and national word marks SO… ? — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Detriment to reputation — Article 8(5) of Regulation 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 — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 32, 57, 66)
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 — Figurative mark SO’BiO ētic and word marks SO… ?
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 34, 35, 49, 51, 55, 56, 67)
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 of the marks concerned — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 36-39)
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 of the marks concerned — Criteria for assessment — Composite mark — Determination of dominant component(s)
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 40)
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 — Elements of a trade mark having a descriptive character
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 41)
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 — High distinctiveness of the earlier mark — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 58, 59)
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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Aim — Proof to be adduced by proprietor
(Council Regulation No 207/2009, Art. 8(5))
(see para. 74)
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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(5))
(see paras 75-78)
9. 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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Figurative mark SO’BiO ētic and word marks SO… ?
(Council Regulation No 207/2009, Art. 8(5))
(see paras 81, 85, 91)
Re:
| ACTION brought against the decision of the First Board of Appeal of EUIPO of 26 March 2013 (Case R 203/2011-1), relating to opposition proceedings between Debonair Trading Internacional and Groupe Léa Nature. |
Operative part
The Court:
2. | | Orders Groupe Léa Nature SA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by the intervener before the General Court and the Court of Justice. |