Information;Judgment — ECLI:EU:T:2024:30
Date: 2024-01-24
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Spain

Judgment of the General Court (Sixth Chamber) of 24 January 2024 – Tiendanimal v EUIPO – Salvana Tiernahrung (SALVAJE) (Case T‑55/23) (1) ( EU trade mark – Opposition proceedings – Application for the EU figurative mark SALVAJE – Earlier national word mark SALVANA – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Genuine use of the earlier mark – Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Condition of admissibility – Pleas directed only against decisions of the Boards of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(1)) (see paragraph 23) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Direction issued to the EUIPO – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraph 25) 3. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Meaning – Criteria for assessment – Requirement of solid and objective evidence (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paragraphs 34-39, 46) 4. 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 – Assessment of the likelihood of confusion – Determination of the relevant public – Level of attention of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 67, 124) 5. 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 – Similarity between the marks concerned – Criteria for assessment – Composite mark – Assessment of the distinctive character of an element of a trade mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 78, 79, 81, 89, 91, 97, 98, 126) 6. 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 mark SALVAJE and word mark SALVANA (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 122, 123, 125, 127) 7. EU trade mark – Decisions of EUIPO – Principle of equal treatment –Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case (European Parliament and Council Regulation 2017/1001) (see paragraphs 131, 132) Operative part The Court: 1. Dismisses the action; 2. Orders Tiendanimal Comercio Electronico de Articulos para Mascotas, SL, in addition to bearing its own costs, to pay those incurred by Salvana Tiernahrung GmbH; 3. Declares that the European Union Intellectual Property Office (EUIPO) shall bear its own costs. 1 OJ C 112, 27.3.2023.