Information;Judgment — ECLI:EU:T:2020:581
Date: 2020-12-02
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Spain

Judgment of the General Court (Fifth Chamber) of 2 December 2020 – Sánchez Romero Carvajal Jabugo v EUIPO – Embutidos Monells (5MS MMMMM) (Case T‑639/19) (EU trade mark – Opposition proceedings – Application for the EU figurative mark 5MS MMMMM – Earlier EU figurative mark 5J – Relative grounds for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see para. 20) 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 26, 30, 56) 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 – Figurative marks 5MS MMMMM and 5J (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 27, 32, 44, 48-51, 54, 55, 62, 66) 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 – Similarity between the goods or services in question – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 31) 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 33) 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 – Criteria for assessment – Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34, 47) 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 – Enhanced distinctiveness of the earlier mark – Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 57) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 24 July 2019 (Case R 1728/2018-4), relating to opposition proceedings between Sánchez Romero Carvajal Jabugo and Embutidos Monells. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 24 July 2019 (Case R 1728/2018-4); 2. Dismisses the action as to the remainder; 3. Orders EUIPO and Embutidos Monells, SA to bear their respective costs and to each pay half of the costs incurred by Sánchez Romero Carvajal Jabugo, SAU.