Information;Judgment — ECLI:EU:T:2024:65
Date: 2024-02-07
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Slovakia

Judgment of the General Court (Sixth Chamber) of 7 February 2024 – Darila v EUIPO – Original Buff (Buffet) (Case T‑101/23) (1) ( EU trade mark – Opposition proceedings – Application for EU figurative trade mark Buffet – Earlier EU word mark BUFF and earlier figurative mark Buff – 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 – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 18) 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 23, 24, 75, 76, 82) 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 29, 30, 36, 39, 40, 42) 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 – Figurative mark Buffet – Word mark BUFF and figurative mark Buff (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 45, 52, 68, 77-80, 84) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Michal Darila to pay his own costs as well as those incurred by Original Buff, SA; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. 1 OJ C 127, 11.4.2023.