Global Power Service SpA applied for the registration of the figurative trademark “GPS GLOBAL POWER SERVICE” for services in classes 35, 36, 37, 42, and 45 of the Nice Agreement. Naturgy Energy Group, S.A. filed an opposition based on its earlier Spanish trademarks “GPG GLOBAL POWER GENERATION,” registered in classes 35, 37, and 42, arguing a likelihood of confusion under Article 8(1)(b) of Regulation (EU) 2017/1001.

The Opposition Division rejected the opposition in its entirety on March 1, 2022. Naturgy Energy Group, S.A. appealed this decision, but the Board of Appeal upheld the rejection on March 1, 2023, concluding that there was no likelihood of confusion between the trademarks.

Naturgy Energy Group, S.A. challenged the decision of the Board of Appeal before the General Court, requesting the annulment of the contested decision and alleging an infringement of Article 8(1)(b) of Regulation 2017/1001. The company argued errors in the assessment of the similarity of services, the similarity of the conflicting signs, and the existence of a likelihood of confusion.

The General Court concluded that the relevant public and territory included both energy sector professionals and the general public, both with a high level of attention in Spain. Regarding the signs, the court determined that the elements “GPG” and “GPS” were dominant and distinctive, differing in the last letter, colors, graphic arrangement, and the butterfly figurative element in the earlier trademarks.

Phonetically, the pronunciation of “GPS” and “GPG” was considered significantly different. Conceptually, although both signs share the terms “GLOBAL POWER,” these have limited distinctiveness, in addition to the butterfly element in the earlier trademark.

Therefore, given the low degree of visual, phonetic, and conceptual similarity between the signs, and the high level of attention of the relevant public, the court concluded that there was no likelihood of confusion, even if the services could be presumed identical. Consequently, the General Court dismissed the appeal of Naturgy Energy Group, S.A.

 Case T 312/23: Naturgy Energy Group, S.A. vs. European Union Intellectual Property Office (EUIPO)