Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Second Chamber) of 27 September 2016 —

Satkirit Holdings v EUIPO — Advanced Mailing Solutions (luvoworld)

(Case T‑450/15)

‛EU trade mark — Opposition proceedings — Application for the EU word mark luvoworld — Earlier EU work mark luvo — Relative ground for refusal — Likelihood of confusion — Similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009’

| 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, 51) |

| 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 — Word marks luvoworld and luvo (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22-26, 49, 50, 52, 53) |

| 3. | EU trade mark — Observations of third parties and opposition — Facts, evidence and observations submitted in support of the opposition — Opportunity for the opposing party to adduce evidence in support of the opposition (Commission Regulation No 2868/95, Art. 1, Rules 15(2)(c), and (3)(b), and 19(1)) (see paras 31, 33) |

| 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 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 — Similarity between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 39) |

| 6. | EU trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 43, 47) |

Re:

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 21 May 2015 (Case R 1480/2014-2), relating to opposition proceedings between Advanced Mailing Solutions and Satkirit Holdings.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Satkirit Holdings Ltd to pay the costs. |

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