Information;Judgment — ECLI:EU:T:2025:1
Date: 2025-01-08
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Summary of the pleas in law on which the application is based – Pleas in law not set out in the application – General reference to other documents annexed to the application – Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paragraph 16) 2. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Request submitted expressly and on time by the applicant – Possibility of submitting the request for the first time before the Board of Appeal – Precluded (European Parliament and Council Regulation 2017/1001, Art. 47(2)) (see paragraphs 21, 22) 3. 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 – Distinctiveness or reputation of the earlier mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 26-28, 95, 100, 102) 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 – Assessment of the likelihood of confusion – Determination of the relevant public – Level of attention of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 31, 35, 36) 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 AlìBabà and word mark ALIBABA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 38, 101, 106-109) 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 – Similarity between the goods or services concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 40, 41) 7. EU trade mark – Decisions of EUIPO – Legality – EUIPO’s previous decision-making practice (European Parliament and Council Regulation 2017/1001) (see paragraph 49) 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 – Similarity between the marks concerned – Criteria for assessment – Composite mark – Assessment of the distinctive character of an element of a trade mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 64, 65, 73, 74, 77) Operative part The Court: 1. Dismisses the action; 2. Orders Fresh Tropical Srl by Jawad to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Mr Alper Altunyaldiz.