Capella v EUIPO - Cobi.bike (GOBI) (EU trade mark - Judgment) French Text [2021] EUECJ T-286/20 (05 May 2021)

Capella v EUIPO - Cobi.bike (GOBI) (EU trade mark - Judgment) French Text [2021] EUECJ T-286/20 (05 May 2021)

The Board of Appeal did not err in finding a likelihood of confusion between the marks GOBI and COBI for the relevant public in Germany and Austria. The goods were identical or similar, the marks were visually similar to a medium degree and phonetically highly similar, and the conceptual differences were not...

Source-derived case information.

Citation
[2021] EUECJ T-286/20
Parties
Applicant: Capella EOOD; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Cobi.bike GmbH
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
Trade Marks, Likelihood of Confusion, Opposition Proceedings, Distinctiveness, Comparison of Signs
Intellectual Property European Union Law Trade Marks Likelihood of Confusion Opposition Proceedings Distinctiveness Comparison of Signs

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Parties

Capella EOOD

Applicant

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

Respondent

Cobi.bike GmbH

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 marks GOBI and COBI under Article 8(1)(b) of Regulation No 207/2009
  2. 2 Whether the relevant public would perceive the marks as similar visually, phonetically, or conceptually
  3. 3 Whether the distinctiveness of the earlier mark was properly assessed

Ratio Decidendi

The Board of Appeal did not err in finding a likelihood of confusion between the marks GOBI and COBI for the relevant public in Germany and Austria. The goods were identical or similar, the marks were visually similar to a medium degree and phonetically highly similar, and the conceptual differences were not sufficient to neutralize the similarities, as the meaning of 'GOBI' was not clear and specific for a significant part of the relevant public. The earlier mark had average distinctiveness. Therefore, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed.
  • Capella EOOD shall bear its own costs and those incurred by EUIPO and Cobi.bike GmbH.