Information;Judgment — ECLI:EU:T:2021:713
Date: 2021-10-20
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Sixth Chamber) of 20 October 2021 – Yadex International v EUIPO – Sütas Süt Ürünleri (PINAR Süzme Peynir) (Case T‑559/20) (EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark PINAR Süzme Peynir – Earlier international figurative mark Süzme Peynir – 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 17, 18, 95, 96) 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 – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public (European Parliament and Council Regulation 2017/1001, 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 – Likelihood of confusion with the earlier mark – Figurative marks PINAR Süzme Peynir and Süzme Peynir (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 24, 30, 33, 100-103, 105, 106) 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 – Criteria for assessment – Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 35, 36, 41, 74) 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 – Assessment of the distinctive character of an element of which a trade mark is composed (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 39, 88) 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 – Criteria for assessment – Composite mark – Determination of the dominant elements (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 40) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 2 July 2020 (Case R 2127/2019-1), relating to opposition proceedings between Sütas Süt Ürünleri and Yadex International. Operative part The Court: 1. Dismisses the action; 2. Orders Yadex International GmbH to pay the costs.