Judgment;Information — ECLI:EU:T:2021:19
Date: 2021-01-20
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Czechia

Judgment of the General Court (Second Chamber) of 20 January 2021 – Palírna U Zeleného stromu v EUIPO – Bacardi (BLEND 42 VODKA) (Case T‑830/19) (EU trade mark – Opposition proceedings – Application for EU figurative mark BLEND 42 VODKA – Earlier EU word mark and international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods and services – Similarity of the signs – Global assessment of the likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) 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 29, 30, 57-60, 65, 66, 68) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 33) 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 BLEND 42 VODKA and word and figurative marks 42 BELOW (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 35, 38, 64, 92, 103) 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. 36) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 40, 43-45, 86) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 5 September 2019 (Case R 2532/2018-2), relating to opposition proceedings between Bacardi & Co. and Palírna U Zeléného stromu. Operative part The Court: 1. Dismisses the action; 2. Orders Palírna U Zeleného stromu a.s. to pay the costs.