Judgment — ECLI:EU:T:2019:607
Date: 2019-09-17
Language of the case: Spanish
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Second Chamber) of 17 September 2019 – Grupo Bimbo v EUIPO — Rubio Snacks (Tia Rosa) (Case T‑464/18) (EU trade mark — Opposition proceedings — Application for EU figurative mark Tia Rosa — Earlier national figurative mark TIA ROSA — Relative ground for refusal — Similarity of the goods — 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 25, 26) 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 — Figurative marks Tia Rosa and TIA ROSA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 28, 73) 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 between the goods or services in question — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 39) 4. EU trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (European Parliament and Council Regulation 2017/1001) (see para. 69) 5. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice (European Parliament and Council Regulation 2017/1001) (see paras 70, 71) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 May 2018 (Case R 2739/2017-5), relating to opposition proceeding between Rubio Snacks and Grupo Bimbo. Operative part The Court: 1. Dismisses the action; 2. Orders Grupo Bimbo, SAB de CV to pay the costs.