Judgment — ECLI:EU:T:2018:613
Date: 2018-09-27
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Fifth Chamber) of 27 September 2018 – Wilhelm Sihn jr. v EUIPO — in-edit (Camele’on) (Case T‑472/17) (EU trade mark — Opposition proceedings — Application for EU figurative mark Camele’on — Earlier international and national word marks CHAMELEON — Relative ground for refusal — No similarity — No 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 16, 17) 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 — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, 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 — Likelihood of confusion with the earlier mark — Figurative mark Camele’on and word marks CHAMELEON (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 29, 31, 38, 40, 41) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 May 2017 (Case R 570/2016-4), relating to opposition proceedings between Wilhelm Sihn jr. and in-edit. Operative part The Court: 1. Dismisses the action; 2. Orders Wilhelm Sihn jr. GmbH & Co. KG to pay the costs. 2. Orders Wilhelm Sihn jr. GmbH & Co. KG to pay the costs.