Korkmaz v EUIPO - Intersnack Deutschland (CETOS) (EU trade mark - Judgment) French Text [2024] EUECJ T-308/23 (15 May 2024)

Korkmaz v EUIPO - Intersnack Deutschland (CETOS) (EU trade mark - Judgment) French Text [2024] EUECJ T-308/23 (15 May 2024)

The request for proof of use of the earlier mark was inadmissible as it was not raised before the Opposition Division. The Board of Appeal correctly found a likelihood of confusion between CETOS and CHITOS for identical and similar goods, based on a medium visual and medium to high phonetic similarity, and the...

Source-derived case information.

Citation
[2024] EUECJ T-308/23
Parties
Applicant: Elif Korkmaz; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Opponent: Intersnack Deutschland SE
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, Proof of Use, Procedural Admissibility
Intellectual Property European Union Law Trade Marks Likelihood of Confusion Opposition Proceedings Proof of Use Procedural Admissibility

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Parties

Elif Korkmaz

Applicant

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

Respondent

Intersnack Deutschland SE

Opponent

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 CETOS and CHITOS under Article 8(1)(b) of Regulation (EU) 2017/1001
  2. 2 Whether the request for proof of use of the earlier mark was admissible when first raised on appeal

Ratio Decidendi

The request for proof of use of the earlier mark was inadmissible as it was not raised before the Opposition Division. The Board of Appeal correctly found a likelihood of confusion between CETOS and CHITOS for identical and similar goods, based on a medium visual and medium to high phonetic similarity, and the perception of the relevant German public. The applicant's arguments did not demonstrate any error in the Board of Appeal's assessment.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed.
  • Each party shall bear its own costs.