Information;Judgment — ECLI:EU:T:2021:721
Date: 2021-10-20
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Tenth Chamber) of 20 October 2021 – Roller v EUIPO – Flex Equipos de Descanso (DORMILLO) (Case T‑596/20) (EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark DORMILLO – Earlier EU figurative mark DORMILON – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Alteration of a decision of the Office – Assessment in the light of the powers conferred on the Board of Appeal (European Parliament and Council Regulation 2017/1001, Arts 51, 71(1), 72(3), 160 and 161) (see paras 16, 17) 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 27-29, 63, 117) 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 – Complementary nature of the goods or services (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 32, 33) 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 – Likelihood of confusion with the earlier mark – Figurative marks DORMILLO and DORMILON (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 62, 68, 69, 95, 100, 106, 121-125) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 64, 75-78) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 26 June 2020 (Case R 2846/2019-2), relating to opposition proceedings between Flex Equipos de Descanso and Roller. Operative part The Court: 1. Dismisses the action; 2. Orders Roller GmbH & Co. KG to pay the costs.