Information;Judgment — ECLI:EU:T:2023:764
Date: 2023-11-29
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: United Kingdom

Judgment of the General Court (Third Chamber) of 29 November 2023 – TVR Automotive v EUIPO – TVR Italia (TVR) (Case T‑53/23) (1) (EU trade mark – Opposition proceedings – Application for the EU figurative mark TVR – Earlier EU figurative mark TVR ITALIA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 – Right to fair legal process – Legitimate expectations) 1. EU trade mark – Decisions of the Office – Principle of equal treatment – Principle of sound administration – The Office’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case (Council Regulation No 207/2009) (see paragraphs 20, 22) 2. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative marks TVR and TVR ITALIA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 23-25) Operative part 1. Dismisses the action; 2. Orders TVR Automotive Ltd and the European Union Intellectual Property Office (EUIPO) to bear their own costs. 1 OJ C 112, 27.3.2023.