Information;Judgment — ECLI:EU:T:2019:789
Date: 2019-11-14
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Judgment of the General Court (Ninth Chamber) of 14 November 2019 – Société des produits Nestlé v EUIPO — Jumbo Africa (Representation of a human figure on an escutcheon) (Case T‑149/19) (EU trade mark — Opposition proceedings — Application for an EU figurative mark representing the shape of a human figure on an escutcheon — EU figurative mark representing the shape of a human figure — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Power to alter decisions) 1. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 20, 42, 47) 2. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 21) 3. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 23) 4. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 24, 31, 40) 5. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative mark representing the shape of a human figure on an escutcheon — Figurative mark representing the shape of a human figure (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 29-33, 35, 41, 47) 6. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment — Degree of distinctiveness of the earlier trade mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 36) 7. EU trade mark — Appeals procedure — Action before the EU judicature — Power of the General Court to alter the contested decision — Limits (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see para. 49) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 30 November 2018 (Case R 876/2018-2) relating to opposition proceedings between Jumbo Africa and Société des produits Nestlé. Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 November 2018 (Case R 876/2018-2); 2. Dismisses the appeal brought before EUIPO by Jumbo Africa, SL; 3. Orders EUIPO to bear its own costs and to pay those incurred by Société des produits Nestlé SA for the purposes of the proceedings before the General Court; 4. Orders Jumbo Africa to pay the costs necessarily incurred by Société des produits Nestlé for the purposes of the proceedings before the Board of Appeal of EUIPO; 5. Dismisses the action as to the remainder.