Polo Club Dusseldorf v EUIPO - Company Bridge and Life (POLO CLUB DÜSSELDORF EST. 1976) (EU trade mark - Judgment) [2022] EUECJ T-355/21 (08 June 2022)

Polo Club Dusseldorf v EUIPO - Company Bridge and Life (POLO CLUB DÜSSELDORF EST. 1976) (EU trade mark - Judgment) [2022] EUECJ T-355/21 (08 June 2022)

The Board of Appeal correctly found a likelihood of confusion between the marks under Article 8(1)(b) of Regulation 2017/1001, given the identity or high similarity of the goods, the average distinctive character of the earlier mark, and the similarity between the marks, especially phonetically and conceptually. The...

Source-derived case information.

Citation
[2022] EUECJ T-355/21
Parties
Applicant: Polo Club Düsseldorf GmbH & Co. KG; Respondent: European Union Intellectual Property Office (EUIPO); Intervener: Company Bridge and Life, SL
Jurisdiction
European Union
Procedural Posture
Action for Annulment and Alteration of EUIPO Board of Appeal Decision / Final Judgment
Outcome
Action dismissed
Legal Topics
Trade Marks, Likelihood of Confusion, Opposition Proceedings, Distinctive Character
Intellectual Property Trade Marks Likelihood of Confusion Opposition Proceedings Distinctive Character

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 4 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Polo Club Düsseldorf GmbH & Co. KG

Applicant

European Union Intellectual Property Office (EUIPO)

Respondent

Company Bridge and Life, SL

Intervener

Procedural Posture

Action for Annulment and Alteration of EUIPO Board of Appeal Decision / Final Judgment

  1. 1 Whether there is a likelihood of confusion between the marks under Article 8(1)(b) of Regulation 2017/1001
  2. 2 Whether the earlier mark has distinctive character
  3. 3 Whether the Board of Appeal erred in its assessment of similarity and likelihood of confusion

Ratio Decidendi

The Board of Appeal correctly found a likelihood of confusion between the marks under Article 8(1)(b) of Regulation 2017/1001, given the identity or high similarity of the goods, the average distinctive character of the earlier mark, and the similarity between the marks, especially phonetically and conceptually. The applicant's arguments regarding weak distinctiveness and low similarity were rejected.

Court Disposition

Action dismissed

Orders

  • Applicant to pay the costs, including those necessarily incurred by the intervener for the purposes of the proceedings before the Board of Appeal of EUIPO.