Judgment — ECLI:EU:T:2018:540
Date: 2018-09-13
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 13 September 2018 – Eduard Meier v EUIPO — Calzaturificio Elisabet (Safari Club) (Case T‑418/17) (EU trade mark — Opposition proceedings — Application for the EU word mark Safari Club — Earlier national figurative mark WS Walk Safari — Relative ground for refusal — Likelihood of confusion — Similarity of signs — 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 17, 18) 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 — Earlier trade mark constituted by an EU trade mark — Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 19) 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 — Determination of the dominant elements(s) (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 24-26, 39) 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 of the marks concerned — Assessment of the distinctive character of an element of which a trade mark is composed (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 36) 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 — Elements of a trade mark having a descriptive character (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 27) 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 — Likelihood of confusion with the earlier mark — Word mark Safari Club and figurative mark WS Walk Safari (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 37, 45, 46, 50, 53, 54, 60-66) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 May 2017 (Case R 1158/2016-4) relating to opposition proceedings between Calzaturificio Elisabet and Eduard Meier. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 May 2017 (Case R 1158/2016-4), in so far as it upheld the opposition to registration of the EU word mark Safari Club for the goods ‘game bags’ and ‘clothing for hunting, clothing and hunting boots’; 2. Dismisses the remainder of the action; 3. Orders each party to bear its own costs.