Judgment – 17/06/2026 – Parkster v EUIPO – Ühisteenused (PARKNER), Case T‑412/25

– The case concerned opposition proceedings against the registration of an EU trade mark.
– Ühisteenused AS applied for the word mark PARKNER for goods and services in Classes 9, 36, 39 and 42, in particular parking services (Class 39).
– Parkster AB filed an opposition based on earlier PARKSTER marks – the PARKSTER word mark and the following figurative mark:

The trade marks covered, i.a. software for payment of parking fees (Class 9) and payment services for parking via mobile applications (Class 36).
– The opposition was based on likelihood of confusion.

– The Opposition Division partially upheld the opposition however rejected it in respect of parking services in Class 39.
– The Board of Appeal found that parking services (Class 39) are dissimilar to software for payment of parking fees (Class 9) and payment services for parking (Class 36) due to differences in nature, purpose and method of use. It therefore excluded any likelihood of confusion.

– The General Court annulled the decision. The Court held that parking services consist in providing parking spaces, while software and payment services are used to manage and pay for parking, and therefore differ in nature and function.

– However, the Court found that the goods and services are complementary, because payment for parking presupposes the existence of parking services, meanwhile mobile applications and payment tools are an important way of using parking services.

– The Court emphasised that the same undertaking may offer both the application and access to parking spaces. At the same time, users typically use these services together.

– Consequently, consumers may attribute a common commercial origin to those goods and services.

– The Court held that the goods and services are at least similar to a low degree and that the Board of Appeal erred in its assessment.

– The Court did not carry out a full assessment of likelihood of confusion and referred the case back for further examination.

Case details: https://infocuria.curia.europa.eu/tabs/document/T/2025/T-0412-25-00000000PI-01-P-01/ARRET_NP/322331-EN-1-html