Judgment;Information — ECLI:EU:T:2022:521
Date: 2022-09-07
Language of the case: Polish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Poland

Judgment of the General Court (Sixth Chamber) of 7 September 2022 – Łosowski v EUIPO – Skawiński (KOMBI) (Case T‑730/21) (1) (EU trade mark – Invalidity proceedings – EU word mark KOMBI – Earlier EU word mark kombii – Relative ground for invalidity – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – 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) – Reliance on an individual right to use the name ‘kombi’ under national law) 1. EU trade mark – Appeals procedure – Action brought against a decision by the Cancellation Division of EUIPO – Examination by the Board of Appeal – Scope – Reliance on an exclusive individual right to use a name – Irrelevant evidence (Council Regulation No 207/2009, Arts 8(4) and 53(1)(c)) (see paragraph 17) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Legality of the decision of a Board of Appeal – Misreading of the decision (Council Regulation No 207/2009, Arts 8(4) and 53(1)(c)) (see paragraph 18) 3. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier 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 paragraphs 23-26, 69-71) 4. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Word marks KOMBI and kombii (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 28, 29, 36, 47, 53, 54, 64, 73, 77) 5. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier 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 paragraph 33) 6. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Similarity between the goods or services in question – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 41, 42) 7. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Similarity of the marks concerned – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 58, 61, 62, 63, 67) 8. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment – Account taken of the reputation of the earlier mark only (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraph 75) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Sławomir Łosowski to pay the costs. 1 OJ C 24, 17.1.2022.