Judgment of the General Court (Sixth Chamber) of 16 October 2024

1. 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 the decision was adoptedNot included

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

(see paragraph 30)

2. 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 bodiesPrecludedArguments relating to matters within common knowledgeIncluded

(Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 72(2))

(see paragraphs 31, 32)

3. EU trade markAppeals procedureAction before the EU judicatureLegality of the decision of a Board of Appeal adjudicating in opposition proceedingsChallenged by the adducing of new factsNot permissibleAccount taken, for the purposes of interpreting EU law, of EU case-law or national or international case-law not cited before the bodies of EUIPOWhether permissible

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

(see paragraph 41)

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 47, 48, 54, 55, 102, 103, 110)

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 marks concernedCriteria for assessmentComposite markDetermination of the dominant element or elements

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

(see paragraphs 59, 65-68, 71, 84, 88, 89, 108, 124)

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 markWord mark ALDO COPPOLA AMOWord marks MIAMO and figurative marks MIAMO Healthy Skin System

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

(see paragraphs 104-106, 111, 118, 125)

7. EU trade markDecisions of EUIPOPrinciple of equal treatmentPrinciple of sound administrationEUIPO’s previous decision-making practicePrinciple of legalityNeed for a stringent and full examination in each individual case

(European Parliament and Council Regulation 2017/1001)

(see paragraphs 115, 116)

8. EU trade markAppeals procedureAction before the EU judicaturePower of the General Court to alter the contested decisionLimits

(European Parliament and Council Regulation 2017/1001, Art. 72(2) and (3))

(see paragraph 133)

Operative part

The Court:

1. Dismisses the action;

2. Orders Medspa Srl to pay the costs.