Judgment;Information — ECLI:EU:T:2021:924
Date: 2021-12-21
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Judgment of the General Court (Fifth Chamber) of 21 December 2021 – Bustos v EUIPO – Bicicletas Monty (motwi) (Case T‑159/21) (EU trade mark – Opposition proceedings – Application for EU figurative mark motwi – Earlier national word mark MONTY – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001) 1. Action for annulment – Jurisdiction of the EU judicature – Claim seeking that directions be issued to an institution – Not included (Art. 263 TFEU) (see para. 16) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Condition of admissibility – Grounds of appeal directed only against decisions of the Boards of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(1)) (see para. 22) 3. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar 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, Art. 8(1)(b)) (see paras 25, 88, 89) 4. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 27-29) 5. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Similarity between the goods or services in question (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 39, 44) 6. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Similarity of the marks concerned – Criteria for assessment – Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 54, 55, 60-62, 69, 70) 7. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative marks motwi and verbal MONTY (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 91, 92) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 January 2021 (Case R 289/2020-5), relating to opposition proceedings between Bicicletas Monty and Mr Bustos. Operative part The Court: 1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 January 2021 (Case R 289/2020-5); 2. Dismisses the action as to the remainder; 3. Orders EUIPO to pay the costs.