Showroom v EUIPO - E-Gab (SHOWROOM) (Intellectual, industrial and commercial property - Judgment) French Text [2019] EUECJ T-679/18 (19 September 2019)

Showroom v EUIPO - E-Gab (SHOWROOM) (Intellectual, industrial and commercial property - Judgment) French Text [2019] EUECJ T-679/18 (19 September 2019)

The Board of Appeal did not err in law or assessment. The signs are similar to at least a medium degree visually and conceptually, and highly similar phonetically, due to the presence and arrangement of 'show' and 'room' in both marks. The goods and services are identical or similar. The weak distinctiveness of...

Source-derived case information.

Citation
[2019] EUECJ T-679/18
Parties
Applicant: Showroom sp. z o.o.; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Opponent: E-Gab NV
Jurisdiction
European Union
Procedural Posture
EUIPO Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
Trademark Opposition, Likelihood of Confusion, Distinctiveness of Marks, Comparison of Signs, Relevant Public, Similarity of Goods and Services
Intellectual Property Trademark Opposition Likelihood of Confusion Distinctiveness of Marks Comparison of Signs Relevant Public Similarity of Goods and Services

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Summary, issues, holding and outcome

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Parties

Showroom sp. z o.o.

Applicant

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

Respondent

E-Gab NV

Opponent

Procedural Posture

EUIPO Opposition 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 contested sign and the earlier mark under Article 8(1)(b) of Regulation (EU) 2017/1001
  2. 2 Whether the Board of Appeal properly assessed the distinctiveness and similarity of the signs and the goods/services

Ratio Decidendi

The Board of Appeal did not err in law or assessment. The signs are similar to at least a medium degree visually and conceptually, and highly similar phonetically, due to the presence and arrangement of 'show' and 'room' in both marks. The goods and services are identical or similar. The weak distinctiveness of 'showroom' does not preclude a likelihood of confusion, especially as the differentiating elements (such as '86') do not outweigh the similarities. The applicant failed to prove market coexistence of similar marks without confusion. Therefore, there is a likelihood of confusion under Article 8(1)(b) of Regulation (EU) 2017/1001.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed in its entirety.
  • Applicant is ordered to pay the costs.