Judgment — ECLI:EU:T:2019:94
Date: 2019-02-14
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Ninth Chamber) of 14 February 2019 – Giove Gas v EUIPO — Primagaz (KALON AL CENTRO DELLA FAMIGLIA) (Case T‑34/18) (EU trade mark — Opposition proceedings — Application for EU figurative mark KALON AL CENTRO DELLA FAMIGLIA — Earlier EU word mark CALOON — 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 21, 23, 32, 48, 52) 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 on a ground relating to refusal even limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 22) 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 between the goods or services in question — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 28-30) 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 — Visual similarity between a figurative mark and a word mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 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 — Likelihood of confusion with the earlier mark — Figurative mark KALON AL CENTRO DELLA FAMIGLIA and word mark CALOON (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 53) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 27 November 2017 (Case R 1271/2017-2), relating to opposition proceedings between Compagnie des gaz de pétrole Primagaz and Giove Gas. Operative part The Court: 1. Dismisses the action; 2. Orders Giove Gas Srl to pay the costs.