Judgment — ECLI:EU:T:2016:745
Date: 2016-12-15
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Seventh Chamber) of 15 December 2016 — Redpur v EUIPO — Redwell Manufaktur (Redpur) (Case T‑227/15) (EU trade mark — Opposition proceedings — Application for EU word mark Redpur — Earlier EU figurative mark redwell INFRAROT HEIZUNGEN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009) 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 15, 51, 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 — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 16) 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 — Word mark Redpur and figurative mark redwell INFRAROT HEIZUNGEN (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 17, 21-24, 61) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 28, 33) 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 — Similarity of the marks concerned — Assessment of the distinctiveness of an element composing a trade mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 56) 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 — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 60) Re: ACTION brought against the decision of the First Board of Appeal of EUIPO of 11 February 2015 (Case R 678/2014-1), relating to opposition proceedings between Redpur and Redwell Manufaktur. Operative part The Court: 1. Dismisses the action; 2. Orders Redpur GmbH to pay the costs.