Mas Que Vinos Global v EUIPO - JESA (EL SENORITO) (Judgment) French Text [2019] EUECJ T-576/17 (17 January 2019)

Mas Que Vinos Global v EUIPO - JESA (EL SENORITO) (Judgment) French Text [2019] EUECJ T-576/17 (17 January 2019)

The Court held that the Board of Appeal correctly found a likelihood of confusion between the marks EL SEÑORITO and SEÑORITA for wines, as the goods were identical and the signs were similar visually, phonetically, and conceptually. The applicant's arguments regarding the distinctiveness of 'manzanilla' and...

Source-derived case information.

Citation
[2019] EUECJ T-576/17
Parties
Applicant: Mas Que Vinos Global S. L.; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Jose Estevez, SA (JESA)
Jurisdiction
European Union
Procedural Posture
EU Trademark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
Trademark Opposition, Likelihood of Confusion, Proof of Use, Procedural Rights
Intellectual Property European Union Law Trademark Opposition Likelihood of Confusion Proof of Use Procedural Rights

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Parties

Mas Que Vinos Global S. L.

Applicant

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

Respondent

Jose Estevez, SA (JESA)

Intervener

Procedural Posture

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

  1. 1 Whether the Board of Appeal erred in finding likelihood of confusion between the marks EL SEÑORITO and SEÑORITA for wines; Whether the Board of Appeal correctly assessed the proof of use of the earlier mark; Whether procedural rights and principles of good administration were violated

Ratio Decidendi

The Court held that the Board of Appeal correctly found a likelihood of confusion between the marks EL SEÑORITO and SEÑORITA for wines, as the goods were identical and the signs were similar visually, phonetically, and conceptually. The applicant's arguments regarding the distinctiveness of 'manzanilla' and procedural violations were rejected as unfounded or inoperative. The appeal was dismissed in its entirety.

Court Disposition

Appeal dismissed

Orders

  • The appeal is rejected in its entirety.
  • Mas Que Vinos Global S. L. is ordered to pay the costs of EUIPO and the intervener.