Judgment — ECLI:EU:T:2017:782
Date: 2017-11-07
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Fourth Chamber) of 7 November 2017 — Frame v EUIPO — Bianca-Moden (BIANCALUNA) (Case T‑627/15) (EU trade mark — Opposition proceedings — Application for the EU word mark BIANCALUNA — Earlier national figurative mark bianca — Procedural economy — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Annulment or variation for reasons appearing after judgment was delivered — Not included (Council Regulation No 207/2009, Arts 65(2) and 76) (see para. 24) 2. EU trade mark — Appeals procedure — Action before the EU judicature — Limitation of the list of products and services after the decision of the Board of Appeal — Consequences (Rules of Procedure of the General Court, Art. 188; Council Regulation No 207/2009, Art. 43(1)) (see paras 25-28) 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 — Likelihood of confusion with the earlier mark — Word mark BIANCALUNA and figurative mark Bianca (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 36, 37, 41, 45, 52, 55, 65, 75) Re: ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 7 August 2015 (Case R 2952/2014-5), relating to opposition proceedings between Bianca-Moden and Frame. Operative part The Court: 1. Dismisses the action; 2. Orders Frame Srl to pay the costs.