Judgment of the General Court (Second Chamber) of 21 December 2021

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 19-21)

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 markAssessment of the likelihood of confusionDetermination of the relevant publicAttention level of the publicEducation and training services

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

(see paras 28, 29, 31)

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 markWord marks CEFA Certified European Financial Analyst and CFA

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

(see paras 32, 34, 35, 47-49)

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 markLikelihood of associationEarlier marks exhibiting characteristics enabling them to be regarded as forming part of the same series or familyConditions

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

(see para. 45)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 31 March 2020 (Case R 1082/2019-5), relating to opposition proceedings between CFA Institute and EFFAS.

Operative part

The Court:

Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 March 2020 (R 1082/2019-5);

Orders EUIPO to bear its own costs and to pay those incurred by European Federation of Financial Analysts’ Societies (EFFAS);

Orders CFA Institute to bear its own costs.