Judgment — ECLI:EU:T:2016:590
Date: 2016-09-30
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the General Court (Seventh Chamber) of 30 September 2016 — Flowil International Lighting v EUIPO — Lorimod Prod Com (Silvania Food) (Case T‑430/15) EU trade mark — Opposition proceedings — Application for EU figurative trade mark Silvania Food — Earlier EU word marks SYLVANIA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009 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, 29) 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 — Similarity between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 23) 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 Silvania Food and word marks SYLVANIA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 28, 30) 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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 35, 36, 42, 43, 50) Re: ACTION brought against the decision of the Second Board of Appeal of EUIPO of 8 May 2015 (Case R 616/2014-2), concerning opposition proceedings between Flowil International Lighting (Holding) and SC Lorimod Prod Com. Operative part The Court: 1. Dismisses the action; 2. Orders Flowil International Lighting (Holding) BV to pay the costs.