Judgment of the General Court (Fourth Chamber) of 26 June 2018

1. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealAccount taken by the General Court of matters of law and fact not previously raised before the departments of EUIPONot included

(Council Regulation No 207/2009, Arts 65(2) and 76(2))

(see para. 22)

2. EU trade markProcedural provisionsExamination of the facts of the Office’s own motionScopeObligation to prove matters within common knowledgeNoneDispute before the General CourtSubmission of documents to demonstrate the accuracy of a well-known fact

(Council Regulation No 207/2009, Art. 76(1))

(see para. 28)

3. EU trade markAppeals procedureAction before the EU judicatureLegality of the decision of a Board of Appeal adjudicating in opposition proceedingsChallenged by the adducing of new factsNot permissibleAccount taken, for the purposes of interpreting EU law, of EU national or international case-law not cited before the EUIPO bodiesLawfulness

(Council Regulation No 207/2009, Art. 65)

(see para. 31)

4. 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 35, 74)

5. 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 assessmentDegree of distinctiveness of the earlier trade markNot included

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

(see para. 46)

6. EU trade markProcedural provisionsExamination of the facts of the Office’s own motionOpposition proceedingsExamination restricted to the submissions of the partiesWell-known facts taken into account

(Council Regulation No 207/2009, Art. 76(1))

(see para. 53)

7. 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 marks GiCapri (a giacchett’e capri) and CAPRI

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

(see paras 67, 68, 91-93)

8. 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. 76)

9. 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 87, 88)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 June 2016 (Case R 806/2015-5), relating to opposition proceedings between IN.PRO.DI and Mr Sicignano.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Pasquale Sicignano to pay the costs.