Judgment — ECLI:EU:T:2018:91
Date: 2018-02-22
Language of the case: Spanish
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Malta

Judgment of the General Court (Ninth Chamber) of 22 February 2018 — International Gaming Projects v EUIPO — Zitro IP (TRIPLE TURBO) (Case T‑210/17) (EU trade mark — Opposition proceedings — Application for EU figurative mark TRIPLE TURBO — Earlier EU figurative mark TURBO — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now 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 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 22, 24, 26, 37, 50, 71-73) 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 of the marks concerned — Assessment of the distinctiveness of an element composing a trade mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 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 — Similarity of the marks concerned — Criteria for assessment — Composite mark — Determination of dominant components (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 25) 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 of the marks concerned — Elements of a trade mark having a descriptive character (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 27) 5. 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 TRIPLE TURBO and figurative mark TURBO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 52-54, 58-60, 64, 65, 67, 74, 76) Re: ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 8 February 2017 (Case R 119/2016-4), relating to opposition proceedings between Zitro IP and International Gaming Projects. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 February 2017 (Case R 119/2016-4); 2. Orders EUIPO to bear its own costs and to pay those incurred by International Gaming Projects Ltd; 3. Orders Zitro IP Sàrl to bear its own costs.