Judgments nº T-284/19 of Tribunal General de la Unión Europea, May 13, 2020

• Resolution Date: May 13, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-284/19

(EU trade mark - Opposition proceedings - Application for EU word mark KENWELL - Earlier EU word mark KENWOOD - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EU) 2017/1001) In Case T-284/19,

Wonder Line, SL, established in Barcelona (Spain), represented by E. Manresa Medina and J. Manresa Medina, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by K. Kompari, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being:

De Longhi Benelux SA, established in Luxembourg (Luxembourg),

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 11 February 2019 (Case R 1351/2018-2), relating to opposition proceedings between De Longhi Benelux and Wonder Line,

THE GENERAL COURT (Sixth Chamber),

composed of A. Marcoulli, President, S. Frimodt Nielsen and R. Norkus (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 2 May 2019,

having regard to the response lodged at the Court Registry on 4 July 2019,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

Background to the dispute

1 On 4 December 2014, the applicant, Wonder Line, SL, 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 Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1)).

2 Registration as a mark was sought for the word sign KENWELL.

3 The goods in respect of which registration was sought are in Classes 7, 9, 11 and 21 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.

4 The application was published in the Community Trade Marks Bulletin on 13 January 2015.

5 On 13 April 2015, the other party to the proceedings before the Board of Appeal, De Longhi Benelux SA, filed a notice of opposition to registration of the mark applied for in respect of some of the goods in Classes 7 and 9 and all of the goods applied for in Class 11.

6 The opposition was based, inter alia, on the EU word mark KENWOOD, registered on 18 December 2002 under No 2 201 424 in respect of goods in classes 7, 9 and 11 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957. The opponent claimed that that mark enjoyed a reputation throughout the European Union.

7 The grounds relied on in support of the opposition were those referred to in Article 8(1)(b), Article 8(4) and Article 8(5) of Regulation No 207/2009 (now Article 8(1)(b), Article 8(4) and Article 8(5) of Regulation 2017/1001, respectively).

8 On 18 May 2018, pursuant to Article 8(1)(b) of Regulation 2017/1001 and on the basis of EU word mark KENWOOD registered under No 2 201 424 (‘the earlier mark’), the Opposition Division rejected the application for registration in respect of some of the goods in Classes 7 and 9 and all of the goods applied for in Class 11, namely:

- Class 7: ‘Mills and crushing machines; Mixing machines; [machines]; Can opening machines; Machines for use in the processing of water; Liquid blenders [machines]; Dry ice machines; Kneaders [electric kitchen machines]; Kneading machines; Food preparation machines, electromechanical; Beverage preparation machines, electromechanical; Aerated water making apparatus; Mineral water making machines; Vegetable washers [machines]; Food whisks (Electric -); Whisks, electric, for household purposes; Beaters being electric appliances; Electric egg beaters; Beaters, electric; Milk centrifuges [machines]; Cylinders for use in the manufacture of chocolate; Meat cutters [electric machines] for household use; Pasta cutters [machines]; Meat cutters [electric machines]; Cheese slicers [machines]; Bread knives (Electric -); Butchers’ knives (Electric -); Kitchen knives (Electric -); Electric carving knives; Vegetable knives (Electric -); Cream/milk separators; Vegetable corers [machines]; Machines for use in making whipped cream [electric, kitchen]; Electric pasta makers for domestic use; Meat mincing machines [electric machines] for household use; Meat mincing machines [electric machines]; Macerating machines; Machines for slicing food [electric, kitchen]; Orange squeezing machines [electric]; Electric kitchen appliances for chopping, mixing, pressing; Electric blenders; Kitchen machines (Electric -) for food preparation [other than cooking]; Carbonating machines; Centrifugal machines for use with milk; Churns; Biscuit making machines; Churns [machines] for use in making butter; Hand implements (Electric -) for use in barbecue cooking; Electric kitchen tools; Liquidizers [kitchen machines]; Electric meat slicers for kitchen use; Electrical squeezers for fruit and vegetable; Fruit presses, electric, for household purposes; Salad drainers [machines]; Salad drainers [electric kitchen machines]; Beer (Apparatus for drawing up - under pressure); Cheese making machines; Fish paste making machines; Machines for making aerated beverages [electric]; Confectionery making machines; Machines for making orange juice [electric]; Fruit squeezing machines [electric]; Beverage making machines; Machines for making pasta; Butter machines; Aerated beverage-making machines; Dough dividing machines (Electric -); Ice cream packing machines; Vegetable cutting machines; Bread cutting machines; Machines for flaking dried fish meat (kezuri-bushi making machines); Machines for applying chocolate to nuts; Orange juice extracting machines [electric]; Coffee extracting machines; Juice extracting machines; Slicing machines (Electric -) for large scale food processing; Electric ice crushing machines; Dough kneading machines (Electric -); Grating machines for household use; Slicing machines (Electric -) for kitchen use; Peeling machines (Electric -) for use in the preparation of food; Sausage machines; Machines for applying chocolate to the centres of chocolates; Dough rounding machines (Electric -); Grating machines for...