Judgment;Information — ECLI:EU:T:2025:747
Date: 2025-07-23
Language of the case: English
Court formation: Third Chamber
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: France

Judgment of the General Court (Third Chamber) of 23 July 2025 – Pernod Ricard v EUIPO – West End Drinks (The King of Soho) (Case T‑563/23) ( EU trade mark – Opposition proceedings – Application for EU figurative mark The King of Soho – Earlier EU and national word marks SOHO – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Power of the General Court to alter the contested decision – Limits (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraph 16) 2. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU – Essential procedural requirement (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraphs 21, 22) 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 – Likelihood of confusion with the earlier mark – Figurative mark The King of Soho and word mark SOHO (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 25-27, 30, 31, 34, 36, 37) Operative part The Court: 1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 June 2023 (Case R 1380/2022‑5); 2. Dismisses the action as to the remainder; 3. Orders EUIPO to bear its own costs and to pay those incurred by Pernod Ricard for the purposes of the proceedings before the General Court.