Judgment of the General Court (First Chamber) of 20 November 2017

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment

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

(see paras 23, 24, 85, 86, 90)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity of the marks concernedCriteria for assessmentComposite mark

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

(see paras 29-31, 56, 71)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markSimilarity of the marks concernedAssessment of the distinctiveness of an element composing a trade mark

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

(see paras 45, 51)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markFigurative mark cotecnica OPTIMA and figurative mark visán Optima PREMIUM PETFOOD

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

(see paras 60, 82, 91, 92, 107)

EU trade markDecisions of the OfficePrinciple of equal treatmentPrinciple of sound administrationEUIPO’s previous decision-making practicePrinciple of legalityNeed for a strict and complete examination in each particular case

(Council Regulation No 207/2009)

(see paras 63, 66)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markWeak distinctive character of the earlier markEffect

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

(see para. 87)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessmentCoexistence of two marks on a given marketEffect

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

(see paras 97-101)

Re:

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 13 June 2016 (Case R 229/2016-2), relating to opposition proceedings between Visán Industrias Zootécnicas and Cotécnica.

Operative part

The Court:

1. Dismisses the action;

2. Orders Cotécnica, SCCL to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);

3. Orders Visán Industrias Zootécnicas, SL to bear its own costs.