Judgment — ECLI:EU:T:2016:649
Date: 2016-11-09
Language of the case: Spanish
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Spain

summary of the pleas in law on which the application is based — Abstract statement — Inadmissibility (Rules of Procedure of the General Court, Art. 76(d)) (see para. 21) 2. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3); Commission Regulation No 2868/95, Art. 1, Rule 22(2)) (see paras 30-36) 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 58-61, 101) 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 between the goods or services in question — Criteria for assessment — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 69) 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 — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 75-77) 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 — Likelihood of confusion with the earlier mark — High distinctiveness of the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 99, 100) 7. 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 an H-shaped horse bit — Figurative mark representing an H-shaped horse bit with the letter c and figurative mark yeguada de la cartuja hierro del bocado (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 102-108, 113) Re: ACTION brought against the decision of the Second Board of Appeal of EUIPO of 29 September 2015 (Case R 1502/2014-2) relating to opposition proceedings between Expasa Agricultura y Ganadería and Mr Juan Gallardo Blanco. Operative part The Court: 1. Dismisses the action; 2. Orders Juan Gallardo Blanco to pay the costs.