Judgment — ECLI:EU:T:2017:522
Date: 2017-07-18
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (First Chamber) of 18 July 2017 —Freddo v EUIPO — Freddo Freddo (freggo) (Case T‑243/16) (EU trade mark — Opposition proceedings — Application for registration of the figurative EU trade mark ‘freggo’ — Earlier EU figurative trade mark ‘TENTAZIONE FREDDO FREDDO’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) 1. EU trade mark — Appeals procedure — Action before the EU judicature — Legality of the decision of a Board of Appeal adjudicating in opposition proceedings — Challenge in reliance on new elements of law or fact — Not permissible (Council Regulation No 207/2009, Art. 76(1)) (see para. 15) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 19, 20, 68) 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 — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 32, 56) 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 — Figurative marks freggo and TENTAZIONE FREDDO FREDDO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 62, 65, 67, 69-72) Re: ACTION brought against the decision of the Second Board of Appeal of EUIPO of 17 February 2016 (Case R 919/2015-2), relating to opposition proceedings between Freddo Freddo SL and Freddo SA. Operative part The Court: 1. Dismisses the action; 2. Orders Freddo SA to pay the costs. 2. Orders Freddo SA to pay the costs.