Order — ECLI:EU:T:2019:580
Date: 2019-09-09
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment
Origin: Germany

Order of the General Court (Eighth Chamber) of 9 September 2019 – Shore Capital International v EUIPO — Circle Imperium (The Inner Circle) (Case T‑575/18) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark The Inner Circle — Earlier EU word mark InnerCircle — Relative ground for refusal — No similarity between the services — Article 8(1)(b) of Regulation (EU) 2017/1001 — Action manifestly lacking any foundation in law) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 17, 18) 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 (European Parliament and Council Regulation 2017/1001, At. 8(1)(b)) (see para. 21) 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 — Likelihood of confusion with the earlier mark — Figurative mark The Inner Circle and word mark InnerCircle (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 22, 23, 28, 38, 40, 44, 45, 47) 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 — Similarity between the goods or services in question — Criteria for assessment — Complementary nature of the goods or services (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 33, 34) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 7 June 2018 (Case R 1402/2017-1), relating to opposition proceedings between Shore Capital International and Circle Imperium. Operative part 1. The action is dismissed. 2. Shore Capital International Ltd shall pay the costs.