Information;Judgment — ECLI:EU:T:2023:611
Date: 2023-10-11
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (First Chamber) of 11 October 2023 – Martin Rodrigo v EUIPO – Louis Vuitton Malletier (CALIFORNIA Dreaming by Made in California) (Case T‑542/22) (1) (EU trade mark – Opposition proceedings – Application for the EU figurative mark CALIFORNIA Dreaming by Made in California – Earlier Benelux word mark CALIFORNIA DREAM – 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 – 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 13, 14) 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 19, 20, 78) 3. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Review of the legal classification given to the facts of the dispute – Review of the assessment by the Board of Appeal of the likelihood of confusion – Findings not challenged as regards the factors that are essential to the analysis of that likelihood of confusion – Effect (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraphs 32, 33) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 36) 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 – Figurative mark CALIFORNIA Dreaming by Made in California and word mark CALIFORNIA DREAM (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 51, 61, 68, 77, 83) 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 between the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 52, 59, 66, 72, 75) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Andres Carlos Martin Rodrigo to bear his own costs and to pay those incurred by Louis Vuitton Malletier; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. 1 OJ C 408, 24.10.2022.