Judgment of the General Court (Tenth Chamber) of 8 July 2020 –

FF Group Romania v EUIPO – KiK Textilien und Non-Food (_kix)

(Case T‑659/19)

(EU trade mark – Opposition proceedings – Application for European Union figurative mark _kix – Earlier national word mark kik – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the mark – Article 47(2) of Regulation 2017/1001)

1. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Non-submission of plea based on insufficient proof of genuine use (European Parliament and Council Regulation 2017/1001, Art. 47(2)) (see para. 39)

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 – Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 49)

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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 58, 59)

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 mark _kix and word mark kik (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 71, 85, 91, 94)

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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 72)

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 – Visual similarity between a figurative mark and a word mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 73)

7. 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 87, 88, 92)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 4 July 2019 (Case R 353/2019 2), relating to opposition proceedings between KiK Textilien und Non-Food and FF Group Romania.

Operative part

The Court:

1. Dismisses the action;