Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Fifth Chamber) of 18 May 2018 –  
Italytrade v EUIPO — Tpresso (teaespresso)

(Case T‑68/17)

(EU trade mark — Opposition proceedings — Application for the EU word mark teaespresso — Earlier international figurative mark TPresso and earlier international word mark TPRESSO — 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—Likelihood of confusion with the earlier mark—Criteria for assessment  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 18, 19, 58) |

| 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—Similarity of the marks concerned—Criteria for assessment  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 22, 28, 29) |

| 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—Word mark teaespresso—Figurative marks TPresso and word mark TPRESSO  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 30-34, 40-47, 56, 65, 69, 70) |

| 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—Similarity of the marks concerned—Breakdown of a word sign into word elements having concrete significance  (Council Regulation No 207/2009, Art. 8(1)(b))  (see para. 53) |

| 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—Weak distinctive character of the earlier mark—Effect  (Council Regulation No 207/2009, Art. 8(1)(b))  (see para. 67) |

| 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—Weighing elements of similarity or difference between the signs—Taking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketed  (Council Regulation No 207/2009, Art. 8(1)(b))  (see para. 68) |

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 November 2016 (Case R 1099/2016-4), relating to opposition proceedings between Tpresso and Italytrade.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Italytrade Srl to pay the costs. |

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