Judgement General Court about likelihood of confusion between LUBELSKA and LUBECA is upheld

General Court did not fail to appraise the figurative elements of the Lubelska mark for which registration was applied. existence of a likelihood of confusion between LUBELSKA and LUBECA  to the requisite legal standard: General Court implicitly ruled that it considered the figurative elements of the mark applied for were not negligible and the word element was not dominant.

TRADE MARK LAW

Appeal against the judgment of the General Court of 19 January 2017 dismissing the action brought against the refusal to register the Union trade mark applied for LUBELSKA on the basis of the earlier German word mark LUBECA. The appeal is dismissed. The Court rules that the General Court did not fail to appraise the figurative elements of the Lubelska mark for which registration was applied. On the contrary, it is clear from the face of paragraph 38 of the judgment under appeal that the General Court took account of the figurative elements in appraising the visual similarity of the signs at issue. The Court also finds that the General Court did not distort the facts. Furthermore, the Court finds that the General Court implicitly ruled that it considered the figurative elements of the mark applied for were not negligible and the word element was not dominant. The General Court therefore sufficiently stated its reasons for the existence of a likelihood of confusion to the requisite legal standard.

IPPT20190116, CJEU, Stock Polska v EUIPO

C‑162/17 P - ECLI:EU:T:2017:16