Judgment;Information — ECLI:EU:T:2023:674
Date: 2023-10-25
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Spain

Judgment of the General Court (Sixth Chamber) of 25 October 2023 – Contorno Textil v EUIPO – Harmont & Blaine (GILBERT TECKEL) (Case T‑773/22) (1) (EU trade mark – Opposition proceedings – Application for an EU figurative mark, representing a dachshund in profile, GILBERT TECKEL – Earlier EU figurative mark representing a dachshund in profile – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Equal treatment – Legal certainty) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Alteration of a decision of EUIPO – Assessment in the light of the powers conferred on the Board of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraphs 15, 16) 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 22, 23, 73) 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 between the marks concerned – Criteria for assessment – Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 26, 27, 38, 41, 56, 57) 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, representing a dachshund in profile, GILBERT TECKEL, and figurative mark representing a dachshund in profile (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 34, 35, 38, 39, 58, 59, 71, 79) 5. EU trade mark – Procedural provisions – Statement of reasons for decisions – Article 94(1), first sentence, of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU – Recourse by the Board of Appeal to implicit reasoning – Whether permissible – Conditions (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraphs 47, 50, 51) 6. EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001) (see paragraph 83) 7. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 84-86) Operative part The Court: 1. Dismisses the action; 2. Orders Contorno Textil, SL to bear its own costs and to pay those incurred by Harmont & Blaine SpA; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. 1 OJ C 45, 6.2.2023.