MCO (IP) v EUIPO - C8 (C2 CYPRUS CASINOS) (EU trade mark - Judgment) French Text [2022] EUECJ T-460/21 (12 October 2022)

MCO (IP) v EUIPO - C8 (C2 CYPRUS CASINOS) (EU trade mark - Judgment) French Text [2022] EUECJ T-460/21 (12 October 2022)

The Board of Appeal failed to sufficiently state reasons for finding a likelihood of confusion for services where only a low degree of similarity was found, particularly by not explaining how the low similarity was compensated by other factors. Therefore, the decision is annulled in part for those services.

Source-derived case information.

Citation
[2022] EUECJ T-460/21
Parties
Applicant: MCO (IP) Holdings Ltd; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: C8
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Partial annulment and partial dismissal of appeal.
Legal Topics
Trade Marks, Likelihood of Confusion, Opposition Proceedings, Obligation to State Reasons
Intellectual Property European Union Law Trade Marks Likelihood of Confusion Opposition Proceedings Obligation to State Reasons

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

MCO (IP) Holdings Ltd

Applicant

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

Respondent

C8

Intervener

Procedural Posture

EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the Board of Appeal of EUIPO correctly applied Article 8(1)(b) of Regulation (EU) 2017/1001 regarding likelihood of confusion between the marks; whether the Board sufficiently stated reasons for its decision, particularly for services with only a low degree of similarity.

Ratio Decidendi

The Board of Appeal failed to sufficiently state reasons for finding a likelihood of confusion for services where only a low degree of similarity was found, particularly by not explaining how the low similarity was compensated by other factors. Therefore, the decision is annulled in part for those services.

Court Disposition

Partial annulment and partial dismissal of appeal.

Orders

  • The decision of the EUIPO Board of Appeal of 26 May 2021 (R 908/2020-2) is annulled insofar as it concerns services for which only a low degree of similarity was found.
  • The remainder of the appeal is dismissed.