Celler Lagravera v EUIPO - Cyclic Beer Farm (Ciclic) (EU trade mark - Judgment) French Text [2021] EUECJ T-673/20 (15 September 2021)

Celler Lagravera v EUIPO - Cyclic Beer Farm (Ciclic) (EU trade mark - Judgment) French Text [2021] EUECJ T-673/20 (15 September 2021)

Despite the Board of Appeal's error in assessing the similarity between wine and beer as 'medium' rather than 'low', the very high similarity between the signs (visually, phonetically, and conceptually) compensates for the low similarity of the goods, resulting in a likelihood of confusion under Article 8(1)(b) of...

Source-derived case information.

Citation
[2021] EUECJ T-673/20
Parties
Applicant: Celler Lagravera, SLU; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Opponent Before EUIPO: Cyclic Beer Farm, SL
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
Intellectual Property European Union Law Trade Marks Likelihood of Confusion Opposition Proceedings

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Parties

Celler Lagravera, SLU

Applicant

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

Respondent

Cyclic Beer Farm, SL

Opponent Before EUIPO

Procedural Posture

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

  1. 1 Whether there is a likelihood of confusion between the figurative EU trade mark 'Cíclic' for wine and the earlier word mark 'CYCLIC' for beer under Article 8(1)(b) of Regulation (EU) 2017/1001
  2. 2 Whether the Board of Appeal erred in its assessment of the similarity between the goods and the signs

Ratio Decidendi

Despite the Board of Appeal's error in assessing the similarity between wine and beer as 'medium' rather than 'low', the very high similarity between the signs (visually, phonetically, and conceptually) compensates for the low similarity of the goods, resulting in a likelihood of confusion under Article 8(1)(b) of Regulation (EU) 2017/1001. The applicant's arguments regarding the distinctiveness of the signs, the nature of the goods, and alleged contradictions in the decision were rejected.

Court Disposition

Appeal dismissed

Orders

  • The appeal is rejected.
  • Celler Lagravera, SLU is ordered to pay the costs.