Judgments (Information) nº T-108/19 of Tribunal General de la Unión Europea, April 29, 2020

• Resolution Date: April 29, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-108/19

Judgment of the General Court (Eighth Chamber) of 29 April 2020 - Kerry Luxembourg v EUIPO - Döhler (TasteSense By Kerry)

(Case T-108/19)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark TasteSense By Kerry - Earlier EU word mark MultiSense - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

1. EU trade mark - Appeals procedure - Action before the EU judicature - Jurisdiction of the General Court - Review of the lawfulness of decisions of the Boards of Appeal - Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies - Not included

   (Council Regulation No 207/2009, Art. 65)

   (see para. 32)

2. EU trade mark - Definition and acquisition of the EU trade mark - Relative grounds for refusal - Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services - Likelihood of confusion with the earlier mark - Assessment of the likelihood of confusion - Determination of the relevant public - Attention level of the public

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

   (see paras 43, 44, 52)

3. EU trade mark - Definition and acquisition of the EU trade mark - Relative grounds for refusal - Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services - Likelihood of confusion with the earlier mark - Figurative mark TasteSense By Kerry and word mark MultiSense

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

   (see paras 55-58, 83-85)

4. EU trade mark - Definition and acquisition of the EU trade mark - Relative grounds for refusal - Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services - Similarity of the marks concerned - Criteria for assessment

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

   (see paras 77-80)

5. EU trade mark - Procedural provisions - Statement of reasons for decisions - Article 75, first sentence, of...