Judgment of the General Court (Third Chamber) of 10 September 2025 –JSherwood v EUIPO – INA International (JSherWood wear it with pride) (Case T‑448/24)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62024TJ0448_INF@2025-09-10/en
1. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the facts in the light of evidence produced for the first time before itNot included (Rules of Procedure of the General Court, Art. 188) (see paragraph 20)
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 markCriteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 30, 31, 113)
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 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 32)
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 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 34)
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 servicesLikelihood of confusion with the earlier markFigurative mark JSherWood wear it with prideWord marks SHER-WOOD and SHER-WOOD SL and figurative mark SHERWOOD (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 39, 56, 60, 67, 83, 87, 90, 97, 100, 123, 129)
6. 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 goods or services concernedCriteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 40)
7. 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 markDetermination of the dominant element or elements (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 102, 103)
8. EU trade markAppeals procedureAction before the EU judicaturePower of the General Court to alter the contested decisionLimits (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraphs 130, 131)
Operative part The Court:
1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 June 2024 (Case R 2004/2023‑4) in so far as it dismissed the appeal against the Cancellation Division’s decision of 25 July 2023 relating to the EU figurative mark JSherWood wear it with pride as regards the goods in Classes 9 and 25 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, corresponding, for each of those classes, to the following description: Class 9: Trousers for protection against accidents, irradiation and fire; Class 25: Garments for protecting clothing, paper hats [clothing], baby bibs [not of paper] and plastic baby bibs;
2. Dismisses the opposition to registration of the figurative mark JSherWood wear it with pride as an EU trade mark as regards the goods mentioned in point 1 above;
3. Dismisses the action as to the remainder;
4. Orders JSherwood sp. z o.o. and EUIPO each to bear their own costs.