Judgment of the General Court (Second Chamber) of 17 January 2017

Data

Court: General Court

Case date: 17 januari 2017

Verdict

Judgment of the General Court (Second Chamber) of 17 January 2017 —
QuaMa Quality Management v EUIPO — Microchip Technology (medialbo)

(Case T‑225/15)

"(EU trade mark - Opposition proceedings - Application for EU trade mark medialbo - Earlier EU word mark MediaLB - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 41(1) of Regulation No 207/2009 - Registration of the transfer of the mark - Article 17(7) of Regulation No 207/2009)"

1. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 47, 68)

2. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markWord marks medialbo and MediaLB

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 48-51, 67, 69)

3. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity of the marks concernedCriteria for assessmentComposite mark

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 52-54, 58, 61)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 19 February 2015 (Joined Cases R 1809/2014-4 and R 1680/2014-4), relating to opposition proceedings between Microchip Technology and Alexander Bopp.

Operative part

The Court:

Dismisses the action;
Orders QuaMa Quality Management GmbH to pay the costs.