Jordi Nogues v EUIPO - Grupo Osborne (BADTORO) (Judgment) French Text [2017] EUECJ T-386/15 (20 September 2017)

Jordi Nogues v EUIPO - Grupo Osborne (BADTORO) (Judgment) French Text [2017] EUECJ T-386/15 (20 September 2017)

The Board of Appeal's refusal to suspend proceedings was based on an erroneous finding that the national judgment was final, when in fact appeals were pending. The Board also erred in its assessment of the likelihood of confusion by overestimating the similarity between the marks, failing to recognize the dominant...

Source-derived case information.

Citation
[2017] EUECJ T-386/15
Parties
Applicant: Jordi Nogues, SL; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Grupo Osborne, SA
Jurisdiction
European Union
Procedural Posture
EUIPO Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal allowed; Board of Appeal decision annulled.
Legal Topics
Trademark Opposition, Likelihood of Confusion, Suspension of Proceedings, Distinctiveness of Marks
Intellectual Property European Union Law Trademark Opposition Likelihood of Confusion Suspension of Proceedings Distinctiveness of Marks

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Parties

Jordi Nogues, SL

Applicant

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

Respondent

Grupo Osborne, SA

Intervener

Procedural Posture

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

  1. 1 Whether the Board of Appeal erred in refusing to suspend the opposition proceedings pending national nullity actions.
  2. 2 Whether there is a likelihood of confusion between the applied-for mark BADTORO and earlier TORO marks under Article 8(1)(b) of Regulation No 207/2009.

Ratio Decidendi

The Board of Appeal's refusal to suspend proceedings was based on an erroneous finding that the national judgment was final, when in fact appeals were pending. The Board also erred in its assessment of the likelihood of confusion by overestimating the similarity between the marks, failing to recognize the dominant and distinctive character of the figurative element in the applied-for mark, and incorrectly finding that the term 'toro' retained an autonomous distinctive position. The overall similarity between the marks was weak, and there was no likelihood of confusion.

Court Disposition

Appeal allowed; Board of Appeal decision annulled.

Orders

  • The decision of the EUIPO Board of Appeal of 17 April 2015 (R 2570/2013-2) is annulled.
  • EUIPO shall bear its own costs and those of Jordi Nogues, SL.