Information;Judgment — ECLI:EU:T:2020:158
Date: 2020-04-29
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Portugal

Judgment of the General Court (Sixth Chamber) of 29 April 2020 – Abarca v EUIPO — Abanca Corporación Bancaria (ABARCA SEGUROS) (Case T‑106/19) (EU trade mark — Opposition proceedings — Application for EU figurative mark ABARCA SEGUROS — Earlier EU word mark ABANCA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 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(2) and (3)) (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 24, 79, 80) 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 — Degree of attention of the relevant public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 26) 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 mark ABARCA SEGUROS and word mark ABANCA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 28, 29, 49, 52, 55, 65, 72, 76, 78, 84, 92) 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 31, 32, 37, 45, 47, 51, 70, 71, 77) 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 — Likelihood of confusion with the earlier mark — Similarity of the marks concerned — Assessment of the distinctive character of an element of which a trade mark is composed (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 36) 7. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of legality — EUIPO’s previous decision-making practice — Effect (see para. 89) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 22 November 2018 (Case R 1370/2018-2), relating to opposition proceedings between Abanca Corporación Bancaria and Abarca — Companhia de Seguros. Operative part The Court: 1. Dismisses the action; 2. Orders Abarca — Companhia de Seguros SA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Abanca Corporación Bancaria, SA.