Information;Judgment — ECLI:EU:T:2023:234
Date: 2023-05-03
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Sixth Chamber) of 3 May 2023 – FFI Female Financial Invest v EUIPO – MLP Finanzberatung (Financery) (Case T‑7/22) (1) (EU trade mark – Opposition proceedings – Application for the EU word mark Financery – Earlier EU word mark financify – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001) 1. 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 14, 81) 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 – 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 paragraphs 19, 91) 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 goods or services in question – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 22, 30) 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 – Similarity between the goods or services in question – Criteria for assessment – Computer software or programs (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 31, 32) 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 – Criteria for assessment – 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 45-47, 52, 56-58, 83, 84) 6. 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 – Account taken of an element of a mark having a descriptive character – Included (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 59) 7. 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 – Word mark Financery and word mark financify (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 69, 74, 80, 94, 95) Operative part The Court: 1. Dismisses the action; 2. Orders FFI Female Financial Invest GmbH to pay the costs. 1 OJ C 84, 21.2.2022.