Klaus Berthold v EUIPO - Thomann (HB Harley Benton) (EU trade mark - Judgment) French Text [2021] EUECJ T-284/20 (28 April 2021)

Klaus Berthold v EUIPO - Thomann (HB Harley Benton) (EU trade mark - Judgment) French Text [2021] EUECJ T-284/20 (28 April 2021)

The General Court held that the Board of Appeal did not err in finding no likelihood of confusion between the marks for class 25 goods, as the goods covered by the earlier mark are specialized workwear and protective clothing aimed at professionals with a high level of attention, while the contested goods are...

Source-derived case information.

Citation
[2021] EUECJ T-284/20
Parties
Applicant: Klaus Berthold Besitzgesellschaft GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Other Party Before Board of Appeal: Thomann GmbH
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
EU Trade Mark Opposition, Likelihood of Confusion, Comparison of Goods and Services, Distinctiveness of Marks, Procedural Admissibility of Evidence
Intellectual Property European Union Law EU Trade Mark Opposition Likelihood of Confusion Comparison of Goods and Services Distinctiveness of Marks Procedural Admissibility of Evidence

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Summary, issues, holding and outcome

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Parties

Klaus Berthold Besitzgesellschaft GmbH & Co. KG

Applicant

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

Respondent

Thomann GmbH

Other Party Before Board of Appeal

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 no likelihood of confusion between the marks for class 25 goods
  2. 2 Whether the Board of Appeal correctly assessed the similarity of goods and the relevant public
  3. 3 Whether evidence submitted for the first time before the General Court is admissible

Ratio Decidendi

The General Court held that the Board of Appeal did not err in finding no likelihood of confusion between the marks for class 25 goods, as the goods covered by the earlier mark are specialized workwear and protective clothing aimed at professionals with a high level of attention, while the contested goods are ordinary clothing for the general public. The similarity between the goods is low, and the marks are only visually and phonetically similar to a below-average degree. Evidence submitted for the first time before the Court was inadmissible. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

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