Judgment — ECLI:EU:T:2017:17
Date: 2017-01-19
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Seventh Chamber) of 19 January 2017 — Morgan & Morgan v EUIPO — Grupo Morgan & Morgan (Morgan & Morgan) (Case T‑399/15) (EU trade mark — Opposition proceedings — Application for EU figurative mark Morgan & Morgan — Earlier EU figurative mark MMG TRUST MIEMBRO DEL GRUPO MORGAN & MORGAN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009) 1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Precluded (Council Regulation No 207/2009, Art. 65(6)) (see para. 16) 2. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 20, 21, 59, 60) 3. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for 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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 23) 4. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Figurative marks Morgan & Morgan and MMG TRUST MIEMBRO DEL GRUPO MORGAN & MORGAN (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 28, 32, 40, 63, 64) 5. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 33) 6. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 41, 42) 7. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Coexistence of earlier marks on the market — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 67) Re: ACTION brought against the decision of the First Board of Appeal of EUIPO of 7 May 2015 (Case R 1657/2014-1) relating to opposition proceedings between Grupo Morgan & Morgan and Morgan & Morgan International Insurance Brokers. Operative part The Court: 1. Dismisses the action; 2. Orders Morgan & Morgan Srl International Insurance Brokers to pay the costs.