Agora Invest v EUIPO - Transportes Maquinaria y Obras (TRAMOSA) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-219/21 (06 April 2022)

Agora Invest v EUIPO - Transportes Maquinaria y Obras (TRAMOSA) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-219/21 (06 April 2022)

The Court held that the forms in which the earlier mark was used did not alter its distinctive character, that genuine use for the relevant services was sufficiently proven, and that the services and signs were sufficiently similar to create a likelihood of confusion under Article 8(1)(b) of Regulation No 207/2009....

Source-derived case information.

Citation
[2022] EUECJ T-219/21
Parties
Applicant: Agora Invest, SA; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Transportes Maquinaria y Obras, SA
Jurisdiction
European Union
Procedural Posture
EUIPO Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
EU Trade Mark Opposition, Relative Grounds for Refusal, Proof of Genuine Use, Likelihood of Confusion
Intellectual Property European Union Law EU Trade Mark Opposition Relative Grounds for Refusal Proof of Genuine Use Likelihood of Confusion

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Parties

Agora Invest, SA

Applicant

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

Respondent

Transportes Maquinaria y Obras, SA

Intervener

Procedural Posture

EUIPO Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the use of the earlier mark differed in elements altering its distinctive character
  2. 2 Whether genuine use of the earlier mark was proven for the relevant services
  3. 3 Whether there is a likelihood of confusion between the marks under Article 8(1)(b) of Regulation No 207/2009

Ratio Decidendi

The Court held that the forms in which the earlier mark was used did not alter its distinctive character, that genuine use for the relevant services was sufficiently proven, and that the services and signs were sufficiently similar to create a likelihood of confusion under Article 8(1)(b) of Regulation No 207/2009. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed.
  • Applicant is ordered to pay the costs.