Information;Judgment — ECLI:EU:T:2023:396
Date: 2023-07-12
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Poland

Judgment of the General Court (Eighth Chamber) of 12 July 2023 – mBank v EUIPO – European Merchant Bank (EMBANK European Merchant Bank) (Case T‑261/22) (1) (EU trade mark – Invalidity proceedings – EU figurative mark EMBANK European Merchant Bank – Earlier EU figurative mark mBank – Earlier national word mark mBank – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document submitted for the first time before the Board of Appeal) 1. EU trade mark – Appeals procedure – Action brought against a decision by the Cancellation Division of EUIPO – Examination by the Board of Appeal – Scope – Evidence submitted for the first time before the Board of Appeal – 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 20-26) 2. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Enhanced distinctiveness of the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 31, 32) 3. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 55, 56, 124, 125, 136) 4. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Similarity of the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 57, 90, 101-103, 109, 112) 5. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public – Financial and banking services (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 59, 63, 64, 130) 6. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative marks EMBANK European Merchant Bank and mBank (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 68, 93, 99, 113, 120, 132, 143, 145) 7. EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation No 2017/1001) (see paragraph 141) Operative part The Court: 1. Dismisses the action; 2. Orders mBank S.A. to pay the costs. 1 OJ C 257, 4.7.2022.