Judgment;Information — ECLI:EU:T:2023:543
Date: 2023-09-13
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Sixth Chamber) of 13 September 2023 – Gürok Turizm ve Madencilik v EUIPO – Darvas and Pap (LΛΛVΛ) (Case T‑473/22) (1) (EU trade mark – Opposition proceedings – Application for the EU figurative mark LΛΛVΛ – Earlier EU figurative marks LAV and Lav – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1), second sentence, of Regulation 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 17, 18, 67) 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 19) 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 – Assessment of the likelihood of confusion – Determination of the relevant public – Level of attention of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 20, 24) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 35, 36, 50) 5. 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 LΛΛVΛ – Figurative marks LAV and Lav (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 42, 45, 73, 74) 6. EU trade mark – Procedural provisions – Decisions of EUIPO – Respect for the rights of the defence – Scope of the principle (European Parliament and Council Regulation 2017/1001, Art. 94(1), second sentence) (see paragraphs 79, 80) Operative part The Court: 1. Dismisses the action; 2. Orders Gürok Turizm ve Madencilik Anonim Sirketi to pay the costs. 1 OJ C 359, 19.9.2022.