Information;Judgment — ECLI:EU:T:2025:1067
Date: 2025-11-26
Language of the case: English
Court formation: Second Chamber
Procedure: Action for annulment
Origin: Germany

Judgment of the General Court (Second Chamber) of 26 November 2025 – EFFAS v EUIPO – CFA Institute (CEFA EFFAS Certified European Financial Analyst) (Case T‑632/24) ( EU trade mark – Opposition proceedings – Application for EU figurative mark CEFA EFFAS Certified European Financial Analyst – Earlier EU word mark CFA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Absence of peaceful coexistence ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the facts in the light of evidence produced for the first time before it – Precluded (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95) (see paragraphs 19, 20) 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 – Coexistence of two marks on a given market (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 24, 25, 42, 43, 87, 88) 3. EU trade mark – Appeals procedure – Appeal against a decision of the Opposition Division of EUIPO – Examination by the Board of Appeal – Scope – Facts and evidence not produced in support of the opposition within the period prescribed for that purpose – Account taken – Discretion of the Board of Appeal – Limits (European Parliament and Council Regulation 2017/1001, Art. 95(2); Commission Regulation 2018/625, Art. 27(4)) (see paragraphs 28-30) 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 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 50, 53-56, 78) 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 CEFA EFFAS Certified European Financial Analyst and word mark CFA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 63, 72, 79, 80, 85, 86, 96) Operative part The Court: 1. Dismisses the action; 2. Orders European Federation of Financial Analysts’ Societies (EFFAS) to bear its own costs and to pay those incurred by CFA Institute; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.