Topcart v EUIPO - Carl International (TC CARL) (EU trade mark - Judgment) French Text [2020] EUECJ T-378/19 (18 November 2020)

Topcart v EUIPO - Carl International (TC CARL) (EU trade mark - Judgment) French Text [2020] EUECJ T-378/19 (18 November 2020)

The Court held that the Board of Appeal did not err in finding that the element 'carl' has normal distinctiveness, that the marks TC CARL and CARL TOUCH are similar visually, phonetically, and conceptually to at least a normal degree, and that the goods are identical or similar. Given the interdependence of these...

Source-derived case information.

Citation
[2020] EUECJ T-378/19
Parties
Applicant: Topcart GmbH; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Carl International
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed
Legal Topics
Trade Marks, Likelihood of Confusion, Opposition Proceedings, Distinctiveness of Marks
Intellectual Property European Union Law Trade Marks Likelihood of Confusion Opposition Proceedings Distinctiveness of Marks

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Summary, issues, holding and outcome

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Parties

Topcart GmbH

Applicant

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

Respondent

Carl International

Intervener

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 a likelihood of confusion between the marks TC CARL and CARL TOUCH under Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001)
  2. 2 Whether the element 'carl' is of low distinctiveness
  3. 3 Whether the marks are visually, phonetically, or conceptually similar

Ratio Decidendi

The Court held that the Board of Appeal did not err in finding that the element 'carl' has normal distinctiveness, that the marks TC CARL and CARL TOUCH are similar visually, phonetically, and conceptually to at least a normal degree, and that the goods are identical or similar. Given the interdependence of these factors, there is a likelihood of confusion for the relevant public in France. The applicant failed to demonstrate that the Board of Appeal's assessment was incorrect or that the earlier mark was only weakly distinctive. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed.
  • The applicant is ordered to pay the costs.