Judgment — ECLI:EU:T:2019:625
Date: 2019-09-19
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Fourth Chamber) of 19 September 2019 – WhiteWave Services v EUIPO — Fernandes (VeGa one) (Case T‑176/17) (EU trade mark — Opposition proceedings — Application for EU figurative mark VeGa one — International registration designating the European Union in respect of the earlier word mark Vegas — Relative ground for refusal — 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 — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 88, 89) 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 — Figurative mark VeGa one and word mark VEGAS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 38, 42, 47, 59, 94, 97) 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 — Pharmaceutical products and products other than pharmaceutical products (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 33, 34) 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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 40, 41) 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 — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 44, 45, 51) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 9 January 2017 (Case R 2466/2015-1), relating to opposition proceedings between Mr Carlos Fernandes and Sequel Naturals. Operative part The Court: 1. Grants WhiteWave Services, Inc. leave to replace Sequel Naturals ULC as applicant; 2. Dismisses the action; 3. Orders WhiteWave Services to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO); 4. Orders Mr Carlos Fernandes to bear his own costs.