Mapei v EUIPO - Steenfabrieken Vandersanden (RE-CONzerø) (Judgment) French Text [2017] EUECJ T-723/16 (16 November 2017)

Mapei v EUIPO - Steenfabrieken Vandersanden (RE-CONzerø) (Judgment) French Text [2017] EUECJ T-723/16 (16 November 2017)

The Board of Appeal did not violate its obligation to state reasons, as the decision clearly set out the grounds for finding a likelihood of confusion. The Board correctly found that the marks were similar visually, phonetically, and conceptually, and that the goods were identical or similar, leading to a likelihood...

Source-derived case information.

Citation
[2017] EUECJ T-723/16
Parties
Applicant: Mapei SpA; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Opponent (before Board of Appeal): Steenfabrieken Vandersanden NV
Jurisdiction
European Union
Procedural Posture
EU Trademark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
EU Trademark Law, Opposition Proceedings, Likelihood of Confusion, Obligation to State Reasons
Intellectual Property European Union Law EU Trademark Law Opposition Proceedings Likelihood of Confusion Obligation to State Reasons

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Parties

Mapei SpA

Applicant

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

Respondent

Steenfabrieken Vandersanden NV

Opponent (before Board of Appeal)

Procedural Posture

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

  1. 1 Whether the Board of Appeal violated its obligation to state reasons under Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)
  2. 2 Whether the Board of Appeal erred in finding a likelihood of confusion under Article 8(1)(b) of Regulation No 207/2009

Ratio Decidendi

The Board of Appeal did not violate its obligation to state reasons, as the decision clearly set out the grounds for finding a likelihood of confusion. The Board correctly found that the marks were similar visually, phonetically, and conceptually, and that the goods were identical or similar, leading to a likelihood of confusion for the relevant public, even with a high level of attention.

Court Disposition

Appeal dismissed

Orders

  • The appeal is rejected.
  • Mapei SpA is ordered to pay the costs.