1031023 B.C. v EUIPO - Bodegas San Valero (Representation d'un cercle trace au pinceau) (EU trade mark - Judgment) French Text [2022] EUECJ T-366/20 (12 January 2022)

1031023 B.C. v EUIPO - Bodegas San Valero (Representation d'un cercle trace au pinceau) (EU trade mark - Judgment) French Text [2022] EUECJ T-366/20 (12 January 2022)

The General Court held that the Board of Appeal did not err in finding a likelihood of confusion between the marks. The goods were identical, the visual similarity was medium, and the conceptual similarity was high due to the shared figurative element. The verbal element 'origium 1944' was not dominant or highly...

Source-derived case information.

Citation
[2022] EUECJ T-366/20
Parties
Applicant: 1031023 B. C. Ltd; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Bodegas San Valero, S. Coop.
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; Board of Appeal decision upheld.
Legal Topics
Trade Marks, Likelihood of Confusion, Opposition Proceedings, Distinctiveness of Marks, Comparison of Signs
Intellectual Property European Union Law Trade Marks Likelihood of Confusion Opposition Proceedings Distinctiveness of Marks Comparison of Signs

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Summary, issues, holding and outcome

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Parties

1031023 B. C. Ltd

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Bodegas San Valero, S. Coop.

Intervener

Procedural Posture

EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the Board of Appeal erred in finding a likelihood of confusion between the contested mark and the earlier mark under Article 8(1)(b) of Regulation (EU) 2017/1001.
  2. 2 Assessment of the distinctiveness and dominance of verbal and figurative elements in composite marks.
  3. 3 Appropriate standard for comparison of visual, phonetic, and conceptual similarity between marks.

Ratio Decidendi

The General Court held that the Board of Appeal did not err in finding a likelihood of confusion between the marks. The goods were identical, the visual similarity was medium, and the conceptual similarity was high due to the shared figurative element. The verbal element 'origium 1944' was not dominant or highly distinctive. The relevant public was the general public in Spain with an average level of attention. Differences in color and marketing channels did not preclude confusion. The appeal was dismissed in its entirety.

Court Disposition

Appeal dismissed; Board of Appeal decision upheld.

Orders

  • The appeal is rejected.
  • 1031023 B. C. Ltd is ordered to pay its own costs and those of EUIPO and Bodegas San Valero, S. Coop.