Judgment — ECLI:EU:T:2019:414
Date: 2019-06-13
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Seventh Chamber) of 13 June 2019 – Innocenti v EUIPO — Gemelli (Innocenti) (Case T‑392/18) (EU trade mark — Opposition proceedings — Application for EU work mark Innocenti — Earlier national figurative mark i INNOCENTI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark — Appeals procedure — Appeal to a Board of Appeal — Stay of proceedings — Conditions (Commission Delegated Regulation 2017/1430, Art. 71(1)) (see paras 25-28, 36) 2. EU trade mark — Procedural provisions — Time-limits — Claim barred by lapse of time — Exceptions — Obligation of care and diligence (European Parliament and Council Regulation 2017/1001) (see paras 31, 32) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 42, 43, 71) 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 — 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 para. 44) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 50, 51, 58) 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 — Similarity of the marks concerned — Visual similarity between a figurative mark and a word mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 61) 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 — Word marks Innocenti and figurative marks i INNOCENTI (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 74-77) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 19 April 2018 (Case R 2336/2010-5), relating to opposition proceedings between Mr Gemelli and Innocenti. Operative part The Court: 1. Dismisses the action; 2. Orders Innocenti SA to bear its own costs and to pay those incurred in the present proceedings by the European Union Intellectual Property Office (EUIPO) and by Mr Filippo Gemelli.