Judgment of the General Court (Fifth Chamber) of 10 November 2021 –
Nissan Motor v EUIPO – VDL Groep (VDL E-POWERED)
(Case T‑756/20)
(EU trade mark – Opposition proceedings – Application for the EU word mark VDL E-POWERED – Earlier national figurative marks e-POWER – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001)
1. EU trade mark – Definition and acquisition of the EU trade mark – Protection of trade marks registered in the United Kingdom – Withdrawal of the United Kingdom from the European Union – Effect
(Art. 50 TEU; Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, Art. 127)
(see paras 15-17)
2. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Direction addressed to the Office – Precluded
(European Parliament and Council Regulation 2017/1001, Art. 72(6))
(see para. 20)
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 – Criteria for assessment
(European Parliament and Council Regulation 2017/1001, Recital 11 and Art. 8(1)(b))
(see paras 25, 26, 67-70)
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 – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 27)
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
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 31-33, 40)
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 distinctive character of an element of which a trade mark is composed
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 39)
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 mark VDL E-POWERED – Figurative marks e-POWER
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see paras 74, 76, 79, 82)
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 – Weak distinctive character of the earlier mark – Effect
(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))
(see para. 78)
9. Acts of the institutions – Statement of reasons – Obligation – Scope – Plea based on absence or inadequacy of the statement of reasons – Plea alleging incorrectness of the statement of reasons – Distinction
(Art. 296 TFEU)
(see para. 95)
Re:
| Action brought against the decision of the First Board of Appeal of EUIPO of 20 October 2020 (Case R 2915/2019-1), relating to opposition proceedings between Nissan Motor and VDL Groep. |
Operative part
The Court:
2. | | Orders Nissan Motor Co. Ltd to bear its own costs and to pay those of the European Union Intellectual Property Office (EUIPO) and of VDL Groep BV. |