Judgments nº T-792/17 of Tribunal General de la Unión Europea, July 12, 2019

• Resolution Date: July 12, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-792/17

(EU trade mark - Opposition proceedings - Application for EU figurative mark MANDO - Earlier international and national figurative marks MAN - Earlier national word mark Man - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

In Case T-792/17,

MAN Truck & Bus AG, established in Munich (Germany), represented by C. Röhl, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented initially by J. Ivanauskas and D. Walicka, and subsequently by J. Ivanauskas and H. O’Neill, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, and intervener before the General Court, being

Halla Holdings Corp., established in Yongin-si (South Korea), represented by M.-R. Hirsch and C. de Haas, lawyers,

ACTION brought against the decision of the First Board of Appeal of EUIPO of 14 September 2017 (Case R 1677/2016-1), relating to opposition proceedings between MAN Truck & Bus and Halla Holdings,

THE GENERAL COURT (Fourth Chamber),

composed of H. Kanninen, President, L. Calvo-Sotelo Ibáñez-Martín and I. Reine (Rapporteur), Judges,

Registrar: E. Hendrix, administrator,

having regard to the application lodged at the Court Registry on 5 December 2017,

having regard to the response of EUIPO lodged at the Court Registry on 9 March 2018,

having regard to the response of the intervener lodged at the Court Registry on 20 March 2018,

having regard to the decision of 7 December 2018, joining Cases T-698/17 and T-792/17 for the purposes of the oral part of the procedure,

having regard to the written questions put by the Court to the parties and their answers to those questions lodged at the Court Registry on 4 and 8 January 2019,

further to the hearing on 5 February 2019,

gives the following

Judgment

1. Background to the dispute

   1 On 18 October 2012, the intervener, Halla Holdings Corp., filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), as amended (replaced by Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1)).

   2 Registration as a trade mark was sought for the following figurative sign:

   

   3 The goods and services in respect of which registration was sought are in, inter alia, Classes 7, 9, 11, 12, 35 and 37 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, and correspond for each of those classes, to the following description:

   - Class 7: ‘Car lifts, kick starters for motorcycles, bicycle assembling machines, machine tools, drilling machines (for metalworking), milling machines (for metalworking), hydraulic presses (for metalworking), forging moulds, drilling machines, machining centers, drilling machines (except for woodworking), lathes (except for woodworking), lathes (for metalworking), air condensers, superchargers, condensers (steam) (parts of machines), control mechanisms for machines/engines or motors, control cables for machines/engines or motors, shock absorbers for machine other than for vehicles, spiral springs other than for vehicles, rail antishocking materials other than for vehicles, spring buffers other than for vehicles, spring hydraulic buffers other than for vehicles, airsprings other than for vehicles, lamellar springs other than for vehicles, shock absorber plungers (parts of machines), dashpot plungers (parts of machines), braking devices for machine other than for vehicles, disk brakes other than for vehicles, band brakes (machine elements not for land vehicles), brake linings other than for vehicles, brake shoes other than for vehicles, brake segments other than for vehicles, block brakes (machine elements not for land vehicles), conical brakes other than for vehicles, brakes for industrial machines, brake pads other than for vehicles, pressure reducers (parts of machines), grease rings (parts of machines), grease boxes (parts of machines), rings other than for land vehicles (parts of machines), roller bearings, bearings (parts of machines), ball-bearings, brushes (parts of machines), springs (parts of machines), universal joints (Cardan joints), lubricators (parts of machines), vehicle washing installations, automatic washing machines for vehicles, automatic parking installations, machines for parking management (except for electric applications), parking machines, rubber processing machines, rubber forming machines, rubber manufacturing machines, rubber mixing machines, plastic processing machines, plastic working machines, plastic manufacturing machines, stators (parts of machines), alternators, alternating current servo motors, starters for motors and engines, starter alternators, motors (except for land vehicles), current generators, dynamo brushes, servomotors, driving motors other than for vehicles, servo motors other than for vehicles, electric motors other than for vehicles, DC motors other than for vehicles, driving motors other than for land vehicles, motors other than for land vehicles, motors (electric) other than for land vehicles, planetary gear motors, bicycle dynamos, electric starter motors, igniting magnetos, electrostatic generators, direct current motors, DC generators, carbon brushes (electricity)’;

   - Class 9: ‘Optical apparatus and instruments, optical lenses, optical goods, multiple purpose cameras, multiframe view cameras, digital cameras, camera containing a linear image sensor, infrared cameras, accelerometers, acceleration sensors, range finders, speed indicators, speed checking apparatus for vehicles, kilometer recorders for vehicles, automatic indicators of low pressure in vehicle tires (tyres), pressure sensors, automatic pressure control apparatus, pressure measuring apparatus, temperature sensors, gyrometers, bicycle speedometers, alarms, attenuators, voltage regulators for vehicles, transformers (electricity), switches (electric), light dimmers (regulators) (electric), regulating apparatus (electric), adapters (electricity), inverters (electricity), control panels (electricity), armatures (electricity), resistances (electric), converters (electric), connections (electric), contacts (electric), coils (electric), current converters, electric current switches, electric current control devices, current limiters, voltage stabilizing power supply, voltage stabilizers, voltage regulators, power switches, electromagnetic coils, current rectifiers, rectifier modules, electric apparatus for commutation, commutators, power transformers for amplification, circuit breakers, differential switches, choking coils (impedance), condensers (capacitors), battery charge devices, accumulators (electric) (for vehicles), battery cases, accumulators (electric), wavemeters, car video recorders, detectors, interfaces for detectors, high-frequency apparatus, radar apparatus, microwave antennae, antennas for wireless communications apparatus, direction finders, navigation apparatus for vehicles (on-board computers), aerials, antennae filters, remote control apparatus, satellite navigational apparatus, car navigators, car aerials, telecommunication machines and implements, transmitters (telecommunication), transmitting sets (telecommunication), frequency converters, radar receivers with amplifiers, car antennae, communications apparatus for vehicles, telecommunications transmitters, apparatus for transmission of communication, navigational instruments, portable communications apparatus, ultrasonic sensors, diodes, semi-conductors, semi-conductor memories, semi-conductor memory units, semiconductor elements, semi-conductor wafers, semiconductor power elements, light emitting diodes (LED), wafers (silicon slices), printed circuit boards, testing apparatus for testing printed circuit boards, electronic circuit board, connectors for electronic circuits, integrated circuits, circuit boards provided with integrated circuits, integrated circuit module, chips (integrated circuits), transistors, printed circuits, circuit boards’;

   - Class 11: ‘Water purifiers for household purposes, heating apparatus, water heaters, hot air apparatus, refrigerating chambers, refrigerating containers, air conditioners, filters for air conditioning, air conditioning installations, air conditioning apparatus, fans (air-conditioning), fans (parts of air conditioning installations), heating and cooling systems for motor cars, air conditioners for automobiles, ventilation (air-conditioning) installations and apparatus for automobiles, heaters for automobiles, bicycle lights, bicycle lamps, lighting apparatus and devices for bicycles, air purifiers (for household purposes), air sterilizers, air purifying apparatus and machines, humidifiers, electric refrigerators (for household purposes), water purifiers for household purposes (electric), dehumidifiers (for household purposes), electric refrigerators’;

   - Class 12: ‘Horns for motor cars, anti-theft devices for motor cars, wheel rims for motor cars, cycles, parts and accessories for cycles, cycle rims, wheels for motorcycles, cycle spokes, cycle stands, cycle frames, cycle handle bars, cycle hubs, two-wheeled motor vehicles, air bags (safety devices for automobiles), steering wheels for automobiles, reversing alarms for automobiles, parts and accessories for automobiles, electric cars, tandem bicycles, mopeds, touring bicycles, delivery bicycles, bicycles, bicycle rims, wheels for bicycles/cycles, bicycle spokes, frames (for luggage carriers) (for bicycles), bicycle stands, bicycle frames, bicycle handle bars, parts and accessories for bicycles, handlebars, shock absorbing springs for motor cars, spiral...