Information;Judgment — ECLI:EU:T:2023:441
Date: 2023-07-26
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Romania

Judgment of the General Court (Eighth Chamber) of 26 July 2023 – Rada Perfumery v EUIPO – Prada (RADA PERFUMES) (Case T‑439/22) (1) (EU trade mark – Opposition proceedings – Application for EU figurative mark RADA PERFUMES – Earlier EU figurative marks PRADA – Earlier EU figurative mark PRADA MILANO DAL 1913 – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Alteration of a decision of EUIPO – Assessment in the light of the powers conferred on the Board of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraph 13) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Annulment or variation for reasons appearing after judgment was delivered – Precluded (European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95) (see paragraph 16) 3. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies – Precluded (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 17) 4. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of 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 paragraphs 20, 26, 57) 5. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative mark RADA PERFUMES – Figurative marks PRADA and PRADA MILANO DAL 1913 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 30, 42, 48, 54-56, 77) 6. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Similarity of the marks concerned – Whether conceptual differences may neutralise visual or phonetic similarities – Conditions (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 31, 63) 7. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Earlier registration of the mark in certain Member States or third countries – Decisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see paragraph 71) 8. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Coexistence of earlier marks on the market – Effect (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 74-76) Operative part The Court: 1. Dismisses the action; 2. Orders Rada Perfumery SRL to bear its own costs and to pay those incurred by Prada SA; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. 1 OJ C 326, 29.8.2022.