Information;Judgment — ECLI:EU:T:2024:609
Date: 2024-09-11
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Germany

Judgment of the General Court (Second Chamber) of 11 September 2024 – Borco-Marken-Import Matthiesen v EUIPO – Belles Marks (KINGSBURY) (Case T‑603/23) ( EU trade mark – Opposition proceedings – Application for the EU word mark KINGSBURY – Earlier EU word mark FINSBURY – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) 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 identical or similar earlier mark registered in respect of 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 paragraphs 14, 15, 59) 2. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Level of attention of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 17) 3. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Similarity between the goods or services in question – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 22) 4. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Word marks KINGSBURY and FINSBURY (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 27, 35, 36, 45, 50, 55, 60-62) 5. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Similarity between the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 28, 32, 40) Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 July 2023 (Case R 481/2023-1); 2. Orders EUIPO to bear its own costs and to pay those incurred by Borco-Marken-Import Matthiesen GmbH & Co. KG.