Sonova v EUIPO - Digitmarket (B-Direct) (EU trade mark - Judgment) French Text [2021] EUECJ T-61/20 (24 February 2021)

Sonova v EUIPO - Digitmarket (B-Direct) (EU trade mark - Judgment) French Text [2021] EUECJ T-61/20 (24 February 2021)

The Tribunal held that the Board of Appeal correctly found the goods to be identical, the relevant public to have a high level of attention, and the marks to have a medium degree of similarity visually, phonetically, and conceptually. The element 'direct' was not shown to be devoid of distinctiveness. The overall...

Source-derived case information.

Citation
[2021] EUECJ T-61/20
Parties
Applicant: Sonova AG; Respondent: EUIPO (Office de l’Union européenne pour la propriété intellectuelle); Opponent: Digitmarket – Sistemas de Informação SA
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
EU Trade Mark Opposition, Likelihood of Confusion, Distinctiveness of Marks, Comparison of Goods and Services
Intellectual Property European Union Law EU Trade Mark Opposition Likelihood of Confusion Distinctiveness of Marks Comparison of Goods and Services

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sonova AG

Applicant

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

Respondent

Digitmarket – Sistemas de Informação SA

Opponent

Procedural Posture

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

  1. 1 Whether the Board of Appeal erred in finding likelihood of confusion between B-Direct and bizdirect marks
  2. 2 Whether the goods (software for hearing aids vs. software) are identical
  3. 3 Assessment of distinctiveness and similarity of the marks

Ratio Decidendi

The Tribunal held that the Board of Appeal correctly found the goods to be identical, the relevant public to have a high level of attention, and the marks to have a medium degree of similarity visually, phonetically, and conceptually. The element 'direct' was not shown to be devoid of distinctiveness. The overall impression of the marks justified a finding of likelihood of confusion under Article 8(1)(b) of Regulation No 207/2009. The applicant's arguments were rejected as unsubstantiated or irrelevant.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed.
  • Applicant Sonova AG is ordered to pay the costs.