Judgment — ECLI:EU:T:2018:382
Date: 2018-06-26
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Czechia

Judgment of the General Court (Second Chamber) of 26 June 2018 – Staropilsen v EUIPO — Pivovary Staropramen (STAROPILSEN; STAROPLZEN) (Case T‑556/17) (EU trade mark — Invalidity proceedings — EU word mark STAROPILSEN; STAROPLZEN — Earlier EU and national word marks STAROPRAMEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001)) 1. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 15, 16, 46) 2. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 19) 3. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30, 34) 4. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word mark STAROPILSEN; STAROPLZEN and word marks STAROPRAMEN (Council Regulation No 207/2009, Arts 8(1)(b) and 53(1)(a)) (see paras 50, 51) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 June 2017 (Case R 236/2017-4), relating to cancellation proceedings between Pivovary Staropramen and Staropilsen. Operative part The Court: 1. Dismisses the action; 2. Orders Staropilsen s. r. o. to pay the costs.