Judgment of the General Court (Fourth Chamber) of 25 January 2018 — Brunner v EUIPO — CBM (H HOLY HAFERL HAFERL SHOE COUTURE)
(Case T‑367/16)
(European Union trade mark — Opposition proceedings — Application for EU figurative mark H HOLY HAFERL HAFERL SHOE COUTURE — Earlier EU trade mark HOLY — 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 — 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 17-19, 31)
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 — Attention level of the public
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 20, 21)
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 H HOLY HAFERL HAFERL SHOE COUTURE and word mark HOLY
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 27, 43, 47, 50, 80, 85, 90, 91, 101-108)
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 paras 32, 41)
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
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 51-53)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 10 May 2016 (Case R 2943/2014-5) concerning opposition proceedings between CBM and Mr Brunner. |
Operative part
The Court:
2. | | Orders Gerd Brunner to pay the costs. |