Judgment — ECLI:EU:T:2019:15
Date: 2019-01-17
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

summary of the pleas in law on which the application is based — Application not sufficiently clear and precise — Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 19) 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 — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 25, 73, 74) 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 — 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 paras 27, 31) 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 — Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 38-41, 60) 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 –Word mark ETI Bumbo and figurative mark BIMBO (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 47, 51, 64, 69, 72, 78, 79) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 11 April 2018 (Case R 1459/2017-1), relating to opposition proceedings between Grupo Bimbo and ETI Gıda Sanayi ve Ticaret. Operative part The Court: 1. Dismisses the action; 2. Orders ETI Gıda Sanayi ve Ticaret AŞ to pay the costs.