Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Sixth Chamber) of 20 October 2016 — Clover Canyon v EUIPO — Kaipa Sportswear (CLOVER CANYON)

(Case T‑693/15)

‛EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CLOVER CANYON — Earlier national word mark CANYON — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion’

| 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 17, 18, 42, 43) |

| 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 CLOVER CANYON and CANYON (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19-22, 57) |

| 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 (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 — Weak distinctive character of the earlier mark — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 55) |

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 4 August 2015 (Case R 3018/2014-5), relating to opposition proceedings between Kaipa Sportswear and Clover Canyon.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Clover Canyon, Inc. to pay the costs. |

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