Judgment — ECLI:EU:T:2016:423
Date: 2016-07-20
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Fourth Chamber) of 20 July 2016 — TeamBank v EUIPO — Easy Asset Management (e@sy Credit) (Case T‑745/14) EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark e@sy Credit — Earlier national figurative mark EasyCredit — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 1. 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, Arts 8(1)(b), and (2)(a)(ii), and 53(1)(a)) (see paras 17-19, 37) 2. 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 — Figurative marks e@sy Credit and EasyCredit (Council Regulation No 207/2009, Arts 8(1)(b), and 53(1)(a)) (see paras 20, 21, 22, 28, 44, 47) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 30) 4. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see para. 46) Re: ACTION brought against the decision of the First Board of Appeal of EUIPO of 5 September 2014 (Case R 1975/2013-1), relating to invalidity proceedings between Easy Asset Management and TeamBank AG Nürnberg. Operative part The Court: 1. Dismisses the action; 2. Orders TeamBank AG Nürnberg to pay the costs.