Judgment of the General Court (Second Chamber) of 7 May 2025 –Schmidt Spiele v EUIPO – de Gea Quintana (DDG) (Case T‑53/24)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62024TJ0053_INF@2025-05-07/en
1. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 17, 44)
2. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markRefusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 18)
3. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionDetermination of the relevant publicLevel of attention of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 20)
4. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markFigurative marks DDG and DOG (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 24, 29)
5. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesSimilarity between the marks concernedCriteria for assessmentComposite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 31, 32)
Operative part The Court:
1. Dismisses the action;
2. Orders each party to bear its own costs.