Judgment of the General Court (Eighth Chamber) of 6 November 2024

1. 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 16, 17, 44, 66, 71)

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 paragraph 18)

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 between the marks concernedCriteria for assessmentComposite markAssessment of the distinctive character of an element of a trade mark

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

(see paragraphs 25, 26, 75)

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 marks doffre and Freddo Freddo

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

(see paragraphs 45, 62, 72, 74, 76, 83, 84)

5. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview 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 60)

6. EU trade markDecisions of the OfficeLegalityThe Office’s previous decision-making practice

(European Parliament and Council Regulation 2017/1001)

(see paragraph 79)

7. EU trade markProceedings before the adjudicating bodies of EUIPODirectives of the OfficeScopeLimits

(see paragraph 82)

Operative part

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.