Judgment of the General Court (Eighth Chamber) of 20 December 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 16)

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

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

(see paragraph 21)

3. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtRe-evaluation of the facts in the light of evidence produced for the first time before itPrecluded

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

(see paragraph 22)

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 28, 29, 35)

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 between the goods or services in questionCriteria for assessmentComplementary nature of the goods or services

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

(see paragraphs 30, 41, 42)

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 markFigurative marks WINE TALES RACCONTI DI VINO and WINE TALES

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

(see paragraphs 34, 38, 43, 45, 47)

Operative part

The Court:

1. Dismisses the action;

2. Orders Torre Oria, SL, in addition to bearing its own costs, to pay those incurred by Mr Simone Giramondi and Mr Damiano Antonelli;

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