Judgment of the General Court (Eighth Chamber) of 20 March 2024

1. 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 itNot included

(Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95)

(see paragraphs 18, 19)

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 markRefusal to register where there is a relative ground for refusal, even if limited to part of the Union

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

(see paragraphs 23, 37-41)

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 servicesLikelihood of confusion with the earlier markWord marks PATAPOUF and PATA NEGRA

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

(see paragraphs 42, 47, 49, 54-58)

Operative part

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.