Judgment of the General Court (First Chamber) of 26 November 2019 –

Wyld v EUIPO — Kaufland Warenhandel (wyld)

(Case T‑711/18)

(EU trade mark — Opposition proceedings — Application for EU word mark wyld — Earlier international word mark WILD CRISP — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Rejection in part of the application for registration)

1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Precluded (European Parliament and Council Regulation 2017/1001, Art. 72(6)) (see para. 17)

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 — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 24, 94)

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 — Earlier trade mark constituted by an EU trade mark — Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 25)

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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 29)

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 — Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 48, 49, 59, 60, 63)

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 — Likelihood of confusion with the earlier mark — Word marks wyld and WILD CRISP (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 73, 89, 92, 102)

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 — Weak distinctive character of the earlier mark — Effect (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 101)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 24 September 2018 (Case R 2621/2017-2), relating to opposition proceedings between Kaufland Warenhandel and Wyld.

Operative part

The Court:

1. Dismisses the action;