Information;Judgment — ECLI:EU:T:2022:380
Date: 2022-06-22
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Judgment of the General Court (Second Chamber) of 22 June 2022 – Future Motion v EUIPO – El Corte Inglés (HYPERCORE) (Case T‑356/21) (1) (EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark HYPERCORE – Earlier EU figurative mark HIPERCOR – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) 1. 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 21-23) 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 – Similarity between the goods or services in question – Criteria for assessment – Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 25-28) 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 – Word mark HYPERCORE and figurative mark HIPERCOR (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 32, 37, 38, 43, 45-47) Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 April 2021 (Case R 1229/2020-1); 2. Orders EUIPO, in addition to bearing its own costs, to pay those incurred by Future Motion, Inc.; 3. Orders El Corte Inglés, SA, to bear its own costs. 1 OJ C 329, 16.8.2021.