Gomez Echevarria v EUIPO - M and M Direct (wax by Yuli's) (Judgment) French Text [2017] EUECJ T-19/15 (01 February 2017)

Gomez Echevarria v EUIPO - M and M Direct (wax by Yuli's) (Judgment) French Text [2017] EUECJ T-19/15 (01 February 2017)

The Board of Appeal was entitled to review the likelihood of confusion between the contested mark and both earlier marks, as both were invoked in the nullity request. The applicant's rights of defence were not violated as she had the opportunity to present arguments. The claim of abuse of rights was inadmissible as...

Source-derived case information.

Citation
[2017] EUECJ T-19/15
Parties
Applicant: Yuleidy Caridad Gómez Echevarría; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Other Party Before Board of Appeal: M and M Direct Ltd
Jurisdiction
European Union
Procedural Posture
EU Trademark Nullity Appeal / Judgment of the General Court (third Chamber) on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; Board of Appeal decision upheld.
Legal Topics
Trademark Law, Nullity Proceedings, Likelihood of Confusion, Procedural Rights, Costs and Fees
Intellectual Property European Union Law Trademark Law Nullity Proceedings Likelihood of Confusion Procedural Rights Costs and Fees

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Parties

Yuleidy Caridad Gómez Echevarría

Applicant

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

Respondent

M and M Direct Ltd

Other Party Before Board of Appeal

Procedural Posture

EU Trademark Nullity Appeal / Judgment of the General Court (third Chamber) on Appeal From EUIPO Board of Appeal

  1. 1 Whether the Board of Appeal erred in assessing likelihood of confusion between the contested mark and earlier marks under Article 53(1)(a) and Article 8(1)(b) of Regulation No 207/2009;
  2. 2 Whether the Board of Appeal violated the applicant's rights of defence and the scope of review under Article 64(1) of Regulation No 207/2009 and Article 41(2)(a) of the Charter of Fundamental Rights;
  3. 3 Whether the nullity request constituted an abuse of rights;

Ratio Decidendi

The Board of Appeal was entitled to review the likelihood of confusion between the contested mark and both earlier marks, as both were invoked in the nullity request. The applicant's rights of defence were not violated as she had the opportunity to present arguments. The claim of abuse of rights was inadmissible as it was not raised before the Board. The marks were found to be similar visually, phonetically, and conceptually, and the goods were identical, leading to a likelihood of confusion. The award of representation costs was in accordance with the regulations and did not require proof of actual payment.

Court Disposition

Appeal dismissed; Board of Appeal decision upheld.

Orders

  • Applicant to bear her own costs and those of EUIPO, including representation fees of 550 euros.