Information;Judgment — ECLI:EU:T:2025:1070
Date: 2025-11-26
Language of the case: English
Court formation: Eighth Chamber
Procedure: Action for annulment
Origin: Germany

Judgment of the General Court (Eighth Chamber) of 26 November 2025 – SiLog v EUIPO – Silog (Si Log International) (Case T‑572/24) ( EU trade mark – Invalidity proceedings – EU figurative mark Si Log International – Earlier national word mark SILOG – Relative ground for invalidity – Likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Evidence submitted for the first time before the Board of Appeal – Article 95(2) of Regulation 2017/1001 – Right to be heard ) 1. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 20, 21, 67) 2. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered in respect of identical or similar goods or services – Similarity between the goods or services concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraph 28) 3. EU trade mark – Lodging of application for EU trade mark – Identification of the goods or services concerned by the trade mark – Use of the general indications in the headings of the classes of the Nice Classification – Scope (see paragraph 29) 4. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence 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 Si Log International and word mark SILOG (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 35, 40, 53, 54, 61, 62, 66, 71) 5. Action for annulment – Pleas in law – Lack of or inadequate statement of reasons – Separate plea in law from the one concerning substantive legality (Art. 296 TFEU) (see paragraph 36) 6. 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 38, 39) 7. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence 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 (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 41, 42, 56) 8. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Facts and evidence not submitted in due time – Account taken – Discretion of EUIPO (European Parliament and Council Regulation 2017/1001, Art. 95(2)) (see paragraphs 77, 78, 90) 9. EU trade mark – Procedural provisions – Decisions of EUIPO – Observance of the rights of the defence – Scope of the principle (European Parliament and Council Regulation 2017/1001, Art. 94(1), second sentence) (see paragraph 107) Operative part The Court: 1. Dismisses the action; 2. Orders SiLog GmbH to bear its own costs and to pay those incurred by Silog SAS; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.