Judgment of the General Court (Eighth Chamber) of 26 July 2023

1. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtAlteration of a decision of EUIPOAssessment in the light of the powers conferred on the Board of Appeal

(European Parliament and Council Regulation 2017/1001, Art. 72(3))

(see paragraph 13)

2. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealAnnulment or variation for reasons appearing after judgment was deliveredPrecluded

(European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95)

(see paragraph 16)

3. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealRe-examination of the facts in the light of evidence not previously submitted before EUIPO bodiesPrecluded

(Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 72)

(see paragraph 17)

4. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of 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 paragraphs 20, 26, 57)

5. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markFigurative mark RADA PERFUMESFigurative marks PRADA and PRADA MILANO DAL 1913

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

(see paragraphs 30, 42, 48, 54-56, 77)

6. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markSimilarity of the marks concernedWhether conceptual differences may neutralise visual or phonetic similaritiesConditions

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

(see paragraphs 31, 63)

7. EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountEarlier registration of the mark in certain Member States or third countriesDecisions not binding EU bodies

(European Parliament and Council Regulation 2017/1001)

(see paragraph 71)

8. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markCoexistence of earlier marks on the marketEffect

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

(see paragraphs 74-76)

Operative part

The Court:

1. Dismisses the action;

2. Orders Rada Perfumery SRL to bear its own costs and to pay those incurred by Prada SA;

3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.