Information;Judgment — ECLI:EU:T:2023:266
Date: 2023-05-17
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Portugal

Judgment of the General Court (Seventh Chamber) of 17 May 2023 – Panicongelados-Massas Congeladas v EUIPO – Seder (panidor) (Case T‑480/22) (1) (EU trade mark – Opposition proceedings – Application for EU figurative mark panidor – Earlier national word mark ANIDOR – 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 paragraph 12) 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 15, 16, 55) 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 – Similarity of the marks concerned – Criteria for assessment – Composite mark – Assessment of the distinctive character of an element of which a trade mark is composed (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 18, 19, 25, 28, 32, 47) 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 – Likelihood of confusion with the earlier mark – Figurative mark panidor and word mark ANIDOR (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 34, 42, 48, 60-62) 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 – Similarity of the marks concerned – Visual similarity between a figurative mark and a word mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 38, 39) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 359, 19.9.2022.