Order;Information — ECLI:EU:T:2022:73
Date: 2022-02-11
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Bulgaria

Order of the General Court (Tenth Chamber) of 11 February 2022 – Calrose Rice v EUIPO – Ricegrowers (Sunwhite) (Case T‑459/21) (1) (EU trade mark – Opposition proceedings – Application for the EU figurative mark Sunwhite – Earlier national figurative mark Sunwhite – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law) 1. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Duty of diligence (European Parliament and Council Regulation 2017/1001, Art. 95(1)) (see para. 20) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Decision of a unit of EUIPO forming part of the context of the decision of the Board of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72) (see paras 24, 25) 3. 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 (European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see para. 30) 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 38, 39) 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 – Likelihood of confusion with the earlier mark – Figurative marks Sunwhite and Sunwhite (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 40, 41, 43, 46, 54) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 42) Operative part 1. The action is dismissed. 2. Calrose Rice shall pay the costs of the present proceedings. 1 OJ C 382, 20.9.2021.