Judgment — ECLI:EU:T:2017:69
Date: 2017-02-09
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Sixth Chamber) of 9 February 2017 — Bodegas Vega Sicilia v EUIPO (TEMPOS VEGA SICILIA) (Case T‑696/15) (EU trade mark — Application for the EU word mark TEMPOS VEGA SICILIA — Absolute ground for refusal — Trade mark for wine with geographical indications — Article 7(1)(j) of Regulation (EC) No 207/2009) 1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Trade marks for wines or spirits containing or consisting of geographical indications identifying wines or spirits not having that origin — Conditions (Council Regulation No 207/2009, Art. 7(1)(j)) (see para. 20) 2. EU trade mark — Appeals procedure — Action before the EU judicature — Modification of the terms of the dispute as brought before the Board of Appeal — Not permissible (Rules of Procedure of the General Court, Art. 188; Council Regulation No 207/2009, Art. 65) (see para. 28) 3. EU trade mark — Appeals procedure — Action before the EU judicature — Power of the General Court to alter the contested decision — Limits (Council Regulation No 207/2009, Art. 65(3)) (see para. 29) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Trade marks for wines or spirits containing or consisting of geographical indications identifying wines or spirits not having that origin — Deceptive nature — Likelihood of confusion — Irrelevant (Council Regulation No 207/2009, Art. 7(1)(j)) (see para. 43) 5. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Trade marks for wines or spirits containing or consisting of geographical indications identifying wines or spirits not having that origin — Word mark TEMPOS VEGA SICILIA (Council Regulation No 207/2009, Art. 7(1)(j)) (see paras 59-62) 6. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (see paras 63-65) Re: ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 30 September 2015 (Case R 285/2015-4) concerning an application for registration of the word sign TEMPOS VEGA SICILIA as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Bodegas Vega Sicilia, SA to pay the costs.