Judgment of the General Court (Seventh Chamber) of 17 May 2023

1. Action for annulmentJurisdiction of the EU judicatureClaim seeking that directions be issued to an institutionNot included

(Art. 263 TFEU)

(see paragraph 12)

2. 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 15, 16, 55)

3. 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 servicesSimilarity of the marks concernedCriteria for assessmentComposite markAssessment of the distinctive character of an element of which a trade mark is composed

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

(see paragraphs 18, 19, 25, 28, 32, 47)

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 markFigurative mark panidor and word mark ANIDOR

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

(see paragraphs 34, 42, 48, 60-62)

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 servicesSimilarity of the marks concernedVisual similarity between a figurative mark and a word mark

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

(see paragraphs 38, 39)

Operative part

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.