Judgment — ECLI:EU:T:2016:704
Date: 2016-12-06
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Spain

Judgment of the General Court (Second Chamber) of 6 December 2016 — The Art Company B & S v EUIPO — Manifatture Daddato and Laurora (SHOP ART) (Case T‑735/15) (EU trade mark — Opposition proceedings — Application for an EU figurative mark SHOP ART — Earlier EU figurative mark art — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) 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 18, 19, 44, 46) 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 of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 21) 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 SHOP ART and art (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 47-51) Re: ACTION brought against the decision of the First Board of Appeal of EUIPO of 8 October 2015 (Case R 3050/2014-1), relating to opposition proceedings between The Art Company B & S, on the one hand, and Manifatture Daddato and Ms Laurora, on the other. Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 October 2015 (Case R 3050/2014‑1); 2. Orders each party to bear its own costs.