Topcart v EUIPO - Carl International (TC CARL) (EU trade mark - Judgment) French Text [2020] EUECJ T-377/19 (18 November 2020)

Topcart v EUIPO - Carl International (TC CARL) (EU trade mark - Judgment) French Text [2020] EUECJ T-377/19 (18 November 2020)

The General Court held that the Board of Appeal did not err in finding a likelihood of confusion between the marks TC CARL and CARL TOUCH for the relevant goods and services. The element 'carl' was found to have normal distinctiveness, the marks were similar visually, phonetically, and conceptually to at least a...

Source-derived case information.

Citation
[2020] EUECJ T-377/19
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 2017/1001)
  2. 2 Whether the element 'carl' has weak or normal distinctiveness
  3. 3 Whether the marks are similar visually, phonetically, and conceptually

Ratio Decidendi

The General Court held that the Board of Appeal did not err in finding a likelihood of confusion between the marks TC CARL and CARL TOUCH for the relevant goods and services. The element 'carl' was found to have normal distinctiveness, the marks were similar visually, phonetically, and conceptually to at least a normal degree, and the earlier mark's distinctiveness was not weak. The applicant failed to demonstrate errors in the Board's assessment or to provide sufficient evidence to the contrary. The appeal was dismissed in its entirety.

Court Disposition

Appeal dismissed

Orders

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