Staywell Hospitality Group v EUIPO - Sheraton International IP (PARK REGIS) (Judgment) [2016] EUECJ T-510/14 (02 June 2016)

Staywell Hospitality Group v EUIPO - Sheraton International IP (PARK REGIS) (Judgment) [2016] EUECJ T-510/14 (02 June 2016)

The Board of Appeal correctly found that the services in Class 35 ('promotional services for hotels, restaurants, bars, resorts; business management of hotels') are not similar to the services in Class 43 ('services for providing food and drink; temporary accommodation') covered by the earlier mark, as they differ in nature, purpose, providers, and target public, and are neither complementary nor in competition. The Board of Appeal also correctly found that the marks are similar overall due to the common and distinctive 'regis' element, and that there is a likelihood of confusion for identical or highly similar services in Classes 36 and 43, but not for dissimilar services in Class 35....

Citation
[2016] EUECJ T-510/14
Parties
Applicant (t 510/14) / Respondent (t 536/14): Staywell Hospitality Group Pty Ltd; Opponent (t 510/14) / Applicant (t 536/14): Sheraton International IP, LLC; Defendant / Respondent: European Union Intellectual Property Office (EUIPO)
Jurisdiction
European Union
Judgment Date
02 June 2016
Procedural Posture
Joined Actions for Annulment of EUIPO Board of Appeal Decision (trade Mark Opposition) / Judgment of the General Court (ninth Chamber)
Outcome
Actions dismissed; costs awarded against Staywell in T-510/14 and against Sheraton in T-536/14.
Legal Topics
Trade Marks, Likelihood of Confusion, Opposition Proceedings, Similarity of Services, Comparison of Signs
Intellectual Property Law European Union Law Trade Marks Likelihood of Confusion Opposition Proceedings Similarity of Services Comparison of Signs

Case Brief

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Parties

Staywell Hospitality Group Pty Ltd

Applicant (t 510/14) / Respondent (t 536/14)

Sheraton International IP, LLC

Opponent (t 510/14) / Applicant (t 536/14)

European Union Intellectual Property Office (EUIPO)

Defendant / Respondent

Procedural Posture

Joined Actions for Annulment of EUIPO Board of Appeal Decision (trade Mark Opposition) / Judgment of the General Court (ninth Chamber)

Legal Issues

  1. 1 Whether the Board of Appeal erred in finding no similarity between certain services in Class 35 and those covered by the earlier mark (Class 43)
  2. 2 Whether the Board of Appeal correctly assessed the likelihood of confusion between the marks for services in Classes 36 and 43
  3. 3 Whether the Board of Appeal failed to examine the scope of the opposition as restricted by Sheraton

Ratio Decidendi

The Board of Appeal correctly found that the services in Class 35 ('promotional services for hotels, restaurants, bars, resorts; business management of hotels') are not similar to the services in Class 43 ('services for providing food and drink; temporary accommodation') covered by the earlier mark, as they differ in nature, purpose, providers, and target public, and are neither complementary nor in competition. The Board of Appeal also correctly found that the marks are similar overall due to the common and distinctive 'regis' element, and that there is a likelihood of confusion for identical or highly similar services in Classes 36 and 43, but not for dissimilar services in Class 35....

Court Disposition

Actions dismissed; costs awarded against Staywell in T-510/14 and against Sheraton in T-536/14.

Orders

  • Dismisses the actions in Cases T-510/14 and T-536/14.
  • Orders Staywell Hospitality Group Pty Ltd to pay the costs in Case T-510/14.