Information;Judgment — ECLI:EU:T:2023:619
Date: 2023-10-11
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Eighth Chamber) of 11 October 2023 – Deutsche Glasfaser Wholesale v EUIPO – O2 Worldwide (brightblue) (Case T‑516/22) (1) (EU trade mark – Opposition proceedings – Application for the EU figurative mark brightblue – Earlier EU word mark BLUE – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods and services – 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 identical or similar earlier mark registered in respect of 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 paragraphs 16, 68) 2. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of 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 European Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 17) 3. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative mark brightblue and word mark BLUE (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 21, 34, 38, 53, 61-63, 70, 71) 4. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Similarity between the marks concerned – Criteria for assessment – Composite mark – Assessment of the distinctive character of an element of a trade mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 31, 36, 46, 49, 50, 58) Operative part The Court: 1. Dismisses the action; 2. Orders Deutsche Glasfaser Wholesale GmbH to bear its own costs and to pay those incurred by O2 Worldwide Ltd; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. 1 OJ C 398, 17.10.2022.