Judgment of the General Court (Third Chamber) of 28 March 2019 –

dm-drogerie markt v EUIPO — Albea Services (ALBÉA)

(Case T‑562/17)

(EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark ALBÉA — Earlier international registration designating the European Union — Word mark Balea — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — 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 16, 17, 42)

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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 19)

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 ALBÉA and word mark Balea (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 26, 41, 46, 50-52)

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 27, 29, 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 — Likelihood of confusion with the earlier mark — Criteria for assessment — Distinctiveness or reputation of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 49)

6. EU trade mark — Appeals procedure — Action before the EU judicature — Power of the General Court to vary the contested decision — Limits (Council Regulation No 207/2009, Art. 65(3)) (see para. 53)

7. EU trade mark — Appeals procedure — Actions before the EU judicature — Jurisdiction of the General Court — Power to issue directions — None (Council Regulation No 207/2009, Art. 65(6)) (see para. 55)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 25 May 2017 (Case R 1870/2016-1), relating to opposition proceedings between dm-drogerie markt and Albea Services.

Operative part

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 25 May 2017 (Case R 1870/2016-1);