Information;Judgment — ECLI:EU:T:2023:715
Date: 2023-11-15
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (First Chamber) of 15 November 2023 – International Foodstuffs v EUIPO – Société des produits Nestlé (TIFFANY CRUNCH N CREAM) (Case T-321/22) (1) (EU trade mark – Opposition proceedings – Application for EU word mark TIFFANY CRUNCH N CREAM – International registration of the earlier figurative mark CRUNCH – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Not included (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation No 2017/1001, Arts 72 and 95) (see paragraph 19) 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 29-31, 35, 71, 72) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 36, 37, 64) 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 marks concerned – Assessment of the distinctive character of an element of a trade mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 43, 45, 47-52, 56) 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 – Likelihood of confusion with the earlier mark – Word mark TIFFANY CRUNCH N CREAM and figurative mark CRUNCH (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 73) Operative part The Court: 1. Dismisses the action; 2. Orders International Foodstuffs Co. LLC to pay the costs. 1 OJ C 276, 18.7.2022.