Calzaturificio Emmegiemme Shoes v EUIPO - Inticom (MAIMAI MADE IN ITALY) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-589/20 (09 February 2022)

Calzaturificio Emmegiemme Shoes v EUIPO - Inticom (MAIMAI MADE IN ITALY) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-589/20 (09 February 2022)

The General Court held that the Board of Appeal did not err in admitting and assessing the evidence of genuine use, that the use of a figurative version of the earlier mark did not alter its distinctive character, that there were no procedural irregularities or breaches of the right to be heard, and that there was a...

Source-derived case information.

Citation
[2022] EUECJ T-589/20
Parties
Applicant: Calzaturificio Emmegiemme Shoes Srl; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Opponent: Inticom SpA
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment of the General Court (third Chamber) on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
Trade Marks, Opposition Proceedings, Likelihood of Confusion, Proof of Use, Procedural Fairness
Intellectual Property European Union Law Trade Marks Opposition Proceedings Likelihood of Confusion Proof of Use Procedural Fairness

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Parties

Calzaturificio Emmegiemme Shoes Srl

Applicant

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

Respondent

Inticom SpA

Opponent

Procedural Posture

EU Trade Mark Opposition Appeal / Judgment of the General Court (third Chamber) on Appeal From EUIPO Board of Appeal

  1. 1 Whether the Board of Appeal erred in finding a likelihood of confusion between the marks MAIMAI MADE IN ITALY and YAMAMAY for certain goods in class 25
  2. 2 Whether the Board of Appeal correctly admitted and assessed evidence of genuine use of the earlier mark
  3. 3 Whether procedural irregularities or breaches of the right to be heard occurred

Ratio Decidendi

The General Court held that the Board of Appeal did not err in admitting and assessing the evidence of genuine use, that the use of a figurative version of the earlier mark did not alter its distinctive character, that there were no procedural irregularities or breaches of the right to be heard, and that there was a likelihood of confusion between the marks for the relevant goods in class 25. The appeal was dismissed in its entirety.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed in its entirety.
  • The applicant is ordered to pay the costs.