Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Sixth Chamber) of 12 May 2016 —

Red Lemon v EUIPO — Lidl Stiftung (ABTRONIC)

(Case T‑775/14)

‛EU trade mark — Opposition proceedings — Application for the EU figurative mark ABTRONIC — Earlier EU word mark TRONIC — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Minimal inherent distinctiveness of the earlier mark — Likelihood of confusion’

| 1. | EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Account taken by the General Court of matters of law and fact which have not been raised previously before the departments of EUIPO — Not included (Council Regulation No 207/2009, Art. 65(2)) (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 23, 24, 49, 50, 56) |

| 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 of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 29, 30) |

| 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 mark ABTRONIC and word mark TRONIC (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 48, 55-58) |

| 5. | EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality (see paras 59, 60) |

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 4 September 2014 (Case R 2060/2013-1), relating to opposition proceedings between Lidl Stiftung & Co. KG and Red Lemon Inc.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Red Lemon Inc. to pay the costs. |

[Top](#document1)