Order of the General Court (Eighth Chamber) of 8 March 2019

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 EUIPOPrecluded

(European Parliament and Council Regulation 2017/1001, Art. 72(2))

(see para. 34)

2. EU trade markProcedural provisionsExamination of the facts of the Office’s own motionOpposition proceedingsExamination restricted to the submissions of the parties

(European Parliament and Council Regulation 2017/1001, Art. 95(1))

(see para. 35)

3. EU trade markProcedural provisionsStatement of reasons for decisionsArticle 94(1), first sentence, of Regulation 2017/1001Scope identical to that of Article 296 TFEU

(Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence)

(see paras 40, 41, 46)

4. EU trade markAppeals procedureAppeal to a Board of AppealCompetence of the Boards of AppealNew full examination of the merits

(European Parliament and Council Regulation 2017/1001, Art. 71(1))

(see para. 47)

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 servicesLikelihood of confusion with the earlier markFigurative marks CARAJILLO LICOR 43 CUARENTA Y TRES and Carajillo

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see paras 57, 58, 65, 72)

6. 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

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see para. 59)

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 servicesSimilarity of the marks concernedCriteria for assessment

(European Parliament and Council Regulation 2017/1001, Art. 8(1)(b))

(see para. 63)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 March 2018 (Case R 2104/2017-5) relating to opposition proceedings between Mr Herrero Torres and DZ Licores.

Operative part

1. The action is dismissed.

2. Mr José-Ramón Herrero Torres shall pay the costs.