Judgment — ECLI:EU:T:2017:434
Date: 2017-06-27
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Fourth Chamber) of 27 June 2017 — Deutsche Post v EUIPO — Media Logistik (PostModern) (Case T‑13/15) (EU trade mark — Opposition proceedings — Application for EU word mark PostModern — Earlier national word mark POST and earlier EU word mark Deutsche Post — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Evidence submitted for the first time before the General Court) 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 22, 23, 60) 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. 26) 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 PostModern — Word marks POST and Deutsche Post (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 29, 30, 55-59, 75, 78) 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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 28) 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 — Criteria for assessment — Composite mark — Determination of dominant component(s) (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31-34, 50) Re: ACTION brought against the decision of the First Board of Appeal of EUIPO of 3 November 2014 (Case R 2063/2013-1), relating to opposition proceedings between Deutsche Post and Media Logistik. Operative part The Court: 1. Dismisses the action; 2. Orders Deutsche Post AG to pay the costs.