Information;Judgment — ECLI:EU:T:2024:227
Date: 2024-04-10
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Eighth Chamber) of 10 April 2024 – Mushie & Co v EUIPO – Diana Dolls Fashions (Mushie) (Case T-262/23) (1) ( EU trade mark – Opposition proceedings – Application for the EU word mark Mushie – Earlier EU word mark KUSHIES – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Professional representation – Article 120(1) of Regulation 2017/1001 ) 1. EU trade mark – Procedural provisions – Representation before EUIPO – Association of representatives – Concept – Necessity of being a registered company – Not included (European Parliament and Council Regulation 2017/1001, Art. 120; Commission Regulation 2018/625, Art. 74(8)) (see paragraphs 17-22) 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 30, 31, 71, 77) 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 – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Level of attention of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 32) 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 – Earlier trade mark constituted by an EU trade mark – Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (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 – Word marks Mushie and KUSHIES (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 37, 76) 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 goods or services in question – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 42, 43, 48) 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 – Similarity between the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 51, 69) 8. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality (European Parliament and Council Regulation 2017/1001) (see paragraph 62) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 252, 17.7.2023.