Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Eighth Chamber) of 15 September 2016 — JT International v EUIPO — Habanos (PUSH)

(Case T‑633/15)

‛EU trade mark — Opposition proceedings — Application for the EU word mark PUSH — Earlier Benelux and national word and figurative marks PUNCH — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — 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 16, 17, 44) |

| 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. 18) |

| 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 PUSH and word and figurative marks PUNCH (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-21, 45) |

| 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 23, 24) |

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 10 August 2015 (Case R 3046/2014-5), relating to opposition proceedings between Corporación Habanos and JT International.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders JT International SA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Corporación Habanos, SA. |

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