Judgment of the General Court (Fifth Chamber) of 19 May 2021 –

Yongkang Kugooo Technology v EUIPO – Ford Motor Company (kugoo)

(Case T‑324/20)

(EU trade mark – Opposition proceedings – Application for EU figurative mark kugoo – Earlier EU and national word marks KUGA and earlier EU word mark KUGA ENERGI – Relative ground for refusal – 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 – Assessment of the likelihood of confusion (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 18)

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. 22)

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 concerned – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 33, 37, 85)

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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 40, 49, 59, 62, 67, 74, 75)

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 – Visual similarity between a figurative mark and a word mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 45)

6. 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 – Presence of several letters in the same order (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 51)

7. EU trade mark – Decisions of the Office – Legality – Examination by the EU judicature – Criteria (Council Regulation No 207/2009) (see para. 54)

8. 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 KUGOO – Word marks KUGA and KUGA ENERGI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 76-82, 86, 87)

9. Judicial proceedings – Costs – Recoverable costs (Rules of Procedure of the General Court, Art. 190(2)) (see para. 89)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 24 March 2020 (Case R 65/2019-4), relating to opposition proceedings between Ford Motor Company and Yongkang Kugooo Technology.

Operative part

The Court:

1. Dismisses the action;