Judgment;Information — ECLI:EU:T:2020:192
Date: 2020-05-13
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Sixth Chamber) of 13 May 2020 – Wonder Line v EUIPO — De Longhi Benelux (KENWELL) (Case T‑284/19) (EU trade mark — Opposition proceedings — Application for EU word mark KENWELL — Earlier EU word mark KENWOOD — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — 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 — Likelihood of confusion with the earlier mark — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 20, 21, 48) 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 — Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 22) 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 — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 24) 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 — Likelihood of confusion with the earlier mark — Word marks KENWELL and KENWOOD (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 26-29, 40, 42, 46, 47, 51, 52) 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 — Similarity of the marks concerned — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 30, 31) 6. EU trade mark — Decisions of the Office — Legality — EUIPO's previous decision-making practice (European Parliament and Council Regulation 2017/1001) (see paras 53, 54) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 11 February 2019 (Case R 1351/2018-2), relating to opposition proceedings between De Longhi Benelux and Wonder Line. Operative part The Court: 1. Dismisses the action; 2. Orders Wonder Line, SL to pay the costs.