Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Second Chamber) of 11 October 2016 —

Perry Ellis International Group v EUIPO — CG (p)

(Case T‑350/15)

‛EU trade mark — Opposition proceedings — Application for EU figurative mark likely to be perceived as the letter ‘p’ — Earlier EU and national figurative marks P PROTECTIVE and P — Relative ground for refusal — Likelihood of confusion — 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 16-19, 53) |

| 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 — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24, 25, 42) |

| 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 — Figurative mark likely to be perceived as the letter ‘p’ — Figurative marks P PROTECTIVE and P (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32-35, 38, 39, 45-47, 63, 64) |

| 4. | EU trade mark — Definition and acquisition of the EU trade mark — Signs of which a trade mark may consist — Signs composed of a letter or combination of letters — 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, Arts 4, 7 and 8(1)(b)) (see paras 56, 57) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 28 April 2015 (Case R 2441/2014-4) relating to opposition proceedings between CG Verwaltungsgesellschaft and Perry Ellis International Group Holdings.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Perry Ellis International Group Holdings Ltd to pay the costs. |

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