Judgment;Information — ECLI:EU:T:2023:393
Date: 2023-07-12
Language of the case: French
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible

Judgment of the General Court (Third Chamber) of 12 July 2023 – Tavitova v EUIPO – Cordier (AURUS) (Case T‑662/22) (1) (EU trade mark – Opposition proceedings – Application for EU figurative mark AURUS – International registration of the earlier word mark AUDAS – 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 the Office – 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 16) 2. 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 22, 23, 101, 102) 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 – Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 24) 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 – Similarity between the goods or services in question – Criteria for assessment – Complementary nature of the goods (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 35, 46, 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 AURUS and word mark AUDUS (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 53, 69, 80, 81, 89, 94, 103, 104) 6. EU trade mark – Decisions of the Office – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation No 2017/1001) (see paragraph 66) 7. 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 of the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 71, 78, 85) Operative part The Court: 1. Dismisses the action; 2. Orders Ms Zalina Tavitova to pay the costs incurred by Cordier. 1 OJ C 7, 9.1.2023.