Judgment of the General Court (First Chamber) of 7 March 2018 — Equivalenza Manufactory v EUIPO — ITM Entreprises (BLACK LABEL BY EQUIVALENZA)
(Case T‑6/17)
(EU trade mark — Opposition proceedings — Application for the EU figurative mark BLACK LABEL BY EQUIVALENZA — Earlier international figurative mark LABELL — Relative ground for refusal — Likelihood of confusion — Similarity of signs — 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 — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 15, 16)
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 — Similarity of the marks concerned — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 19-22, 47, 48)
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 marks BLACK LABEL BY EQUIVALENZA and LABELL
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 51-57)
Re:
| Action brought against the decision of the Second Board of Appeal of EUIPO of 11 October 2016 (Case R 690/2016-2) relating to opposition proceedings between ITM Entreprises and Equivalenza Manufactory. |
Operative part
The Court:
1. | | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 October 2016 (Case R 690/2016-2); |
2. | | Orders EUIPO to bear its own costs and to pay those incurred by, Equivalenza Manufactory, SL in the proceedings before the General Court. |