Information;Judgment — ECLI:EU:T:2021:774
Date: 2021-11-10
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Sixth Chamber) of 10 November 2021 – Phi Group v EUIPO – Gruppo Cadoro (REDELLO) (Case T‑532/20) (EU trade mark – Opposition proceedings – Application for EU word mark REDELLO – Earlier EU figurative mark CADELLO 88 – Relative ground for refusal – Likelihood of confusion – 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 15-17, 86, 87) 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. 18) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 24, 25, 28) 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 mark REDELLO and figurative mark CADELLO 88 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 53, 71, 77, 85, 89-94) 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 – Visual similarity between a figurative mark and a word mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 63, 64) 6. 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 – Whether conceptual differences may neutralise visual or aural similarities – Conditions (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 82) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 June 2020 (Case R 2677/2019-4), relating to opposition proceedings between Gruppo Cadoro and Phi Group. Operative part The Court: 1. Dismisses the action; 2. Orders Phi Group GmbH to pay the costs.