Magic Box Int. Toys v EUIPO - KMA Concepts (SUPERZINGS) (EU trade mark - Judgment) French Text [2021] EUECJ T-549/20 (21 December 2021)

Magic Box Int. Toys v EUIPO - KMA Concepts (SUPERZINGS) (EU trade mark - Judgment) French Text [2021] EUECJ T-549/20 (21 December 2021)

The Tribunal held that the Board of Appeal correctly found a likelihood of confusion between the marks SUPERZINGS and ZiNG for identical goods in class 28. The dominant and distinctive element 'zing/zings' is present in both marks, the figurative elements in the earlier mark are decorative, and the addition of...

Source-derived case information.

Citation
[2021] EUECJ T-549/20
Parties
Applicant: Magic Box Int. Toys SLU; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: KMA Concepts Ltd
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; applicant to pay costs.
Legal Topics
EU Trade Mark Law, Likelihood of Confusion, Distinctiveness, Comparison of Signs, Nullity Proceedings
Intellectual Property EU Trade Mark Law Likelihood of Confusion Distinctiveness Comparison of Signs Nullity Proceedings

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Parties

Magic Box Int. Toys SLU

Applicant

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

Respondent

KMA Concepts Ltd

Intervener

Procedural Posture

EU Trade Mark Annulment 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 SUPERZINGS and ZiNG under Article 8(1)(b) of Regulation No 207/2009
  2. 2 Whether the visual, phonetic, and conceptual similarities between the marks are sufficient to create a risk of confusion
  3. 3 Whether the Board of Appeal properly assessed the distinctiveness and dominant elements of the marks

Ratio Decidendi

The Tribunal held that the Board of Appeal correctly found a likelihood of confusion between the marks SUPERZINGS and ZiNG for identical goods in class 28. The dominant and distinctive element 'zing/zings' is present in both marks, the figurative elements in the earlier mark are decorative, and the addition of 'super' and 's' in the contested mark does not sufficiently differentiate the marks. The decision was coherent and free of contradiction.

Court Disposition

Appeal dismissed; applicant to pay costs.

Orders

  • The appeal is rejected.
  • Magic Box Int. Toys SLU is ordered to pay its own costs and those of EUIPO and KMA Concepts Ltd.