Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Sixth Chamber) of 3 October 2018 –  
Unipreus v EUIPO — Wallapop (wallapop)

(Case T‑186/17)

(EU trade mark — Opposition proceedings — Application for EU figurative mark wallapop — Prior national figurative mark wala w — 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) — Similarity of the services)

| 1. | EU trade mark—Appeals procedure—Action before the EU judicature—Power of the General Court to alter the contested decision—Limits  (Council Regulation No 207/2009, Art. 65(3))  (see para. 15) |

| 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  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 21, 22) |

| 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  (Council Regulation No 207/2009, Art. 8(1)(b))  (see para. 23) |

| 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 marks wallapop and wala w  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 36, 44, 49, 53, 54) |

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 January 2017 (Case R 2350/2015-5) concerning opposition proceedings between Unipreus and Wallapop.

Operative part

The Court:

| 1. | Annuls the decision of the Fifth Board of Appeal of EUIPO of 18 January 2017, in so far as it found that the services at issue in Case R 2350/2015-5 were different; |

| 2. | Dismisses the action as to the remainder; |

| 3. | Orders EUIPO to bear its own costs and to pay those incurred by Unipreus, SL; |

| 4. | Orders Wallapop, SL, to bear its own costs. |

[Top](#document1)