#62024TO0683EU Trade Mark Decision: Green Asset vs. EUIPO
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The EU General Court ruled against Green Asset, SL, affirming the decision of the EUIPO to prevent the registration of the 'hômity' trade mark. The court found a likelihood of confusion with the existing 'DOMITYS' mark held by Domitys SAS. Green Asset's appeal lacked legal basis, and they were ordered to bear legal costs.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Denied registration of 'hômity' mark due to confusion with 'DOMITYS'
- Affirmed EUIPO's decision on trade mark opposition
- Green Asset to bear legal costs of Domitys SAS
Obligations
What this law requires
Green Asset, SL must not register or use the 'hômity' figurative trade mark for services in Classes 36 and 37 (real estate, rental, building services) as the mark application has been rejected by EUIPO
Green Asset, SL must bear all legal costs incurred in the opposition proceedings before the Opposition Division, Board of Appeal, and General Court proceedings
Trade mark applicants must submit applications to EUIPO with clear descriptions of goods and services using the Nice Agreement Classification system
EUIPO Opposition Division must assess likelihood of confusion based on global assessment considering similarity of marks, similarity of goods/services, and relevant public perception
Trade mark proprietors must file notices of opposition with EUIPO within the prescribed timeframe to challenge similar mark applications