Judgment;Information — ECLI:EU:T:2023:435
Date: 2023-07-26
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Seventh Chamber) of 26 July 2023 – Rotkäppchen-Mumm Sektkellereien v EUIPO – Cantina San Donaci (Passo Lungo) (Case T‑745/21) (1) (EU trade mark – Opposition proceedings – Application for EU word mark Passo Lungo – Earlier national word mark Doppio Passo – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Article 95(1) of Regulation 2017/1001) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Precluded (European Parliament and Council Regulation 2017/1001, Arts 72 and 95) (see paragraphs 19, 21, 24) 2. 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 29, 49) 3. 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 of the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 32, 37, 44, 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 – Word marks Passo Lungo and Doppio Passo (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 39, 41, 53) Operative part The Court: 1. Dismisses the action; 2. Orders Rotkäppchen-Mumm Sektkellereien GmbH to pay the costs. 1 OJ C 37, 24.1.2022.