Judgment — ECLI:EU:T:2016:222
Date: 2016-04-19
Language of the case: Italian
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Provisional text Judgment of the General Court (First Chamber) of 19 April 2016 — 100% Capri Italia v EUIPO — IN.PRO.DI (100% Capri) (Case T‑198/14) EU trade mark — Opposition proceedings — Application for EU figurative mark 100% Capri — Earlier EU figurative mark CAPRI — Relative ground for refusal — Distinctive character — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 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 — Not included (Council Regulation No 207/2009, Arts 65(2), and 76(1) and (2)) (see paras 29, 30, 33) 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 38, 119) 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 100% Capri and CAPRI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 41, 63, 76, 82, 90, 115, 120, 121) 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 — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 48, 49, 55-57) 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 — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 68, 89) 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 — Likelihood of confusion with the earlier mark — Similarity of the marks concerned — Assessment of the distinctiveness of an element composing a trade mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 74) 7. EU trade mark — Definition and acquisition of the EU trade mark — Prior registration of the trade mark in certain Member States — Effect (Council Regulation No 207/2009) (see para. 79) Re: ACTION brought against the decision of the Second Board of Appeal of EUIPO of 10 January 2014 (Case R 2122/2012-2), relating to opposition proceedings between Inghirami produzione distribuzione SpA (IN.PRO.DI) and 100% Capri Italia Srl. Operative part The Court: 1. Dismisses the action; 2. Orders 100% Capri Italia Srl to pay the costs.