Judgment — ECLI:EU:T:2017:16
Date: 2017-01-19
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Poland

Judgment of the General Court (Ninth Chamber) of 19 January 2017 — Stock Polska v EUIPO — Lass & Steffen (LUBELSKA) (Case T‑701/15) (EU trade mark — Opposition proceedings — Application for EU figurative mark LUBELSKA — Earlier national word mark Lubeca — Relative ground for refusal — Likelihood of confusion — Level of attention of the public — Similarity of the signs — Article 8(1)(b) of Regulation (EC) 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 13-15) 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 — Degree of attention of the relevant public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 21) 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 — Figurative mark LUBELSKA and word mark Lubeca (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 35, 44, 45) 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 28-30) Re: ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 24 September 2015 (Case R 1788/2014-5), relating to opposition proceedings between Lass & Steffen Wein- und Spirituosen-Import and Stock Polska. Operative part The Court: 1. Dismisses the action; 2. Orders Stock Polska sp. z o.o. to pay the costs.