Information;Judgment — ECLI:EU:T:2020:219
Date: 2020-05-28
Language of the case: Spanish
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

summary of the pleas in law on which the application is based (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 22) 2. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Scope – Relative grounds for refusal, excluding absolute grounds raised in observations of third parties (European Parliament and Council Regulation 2017/1001, Arts 7(1)(j), 8, 46(1), 47(5) and 59) (see paras 29, 30) 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 35, 36) 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 – Degree of attention of the relevant public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 37) 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 – Likelihood of confusion with the earlier mark – Figurative marks AIRESANO BLACK El ibérico de Teruel and JAMON DE TERUEL CONSEJO REGULADOR DE LA DENOMINACION DE ORIGEN (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 38, 45, 49, 54, 63-67) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 39, 40, 53, 58) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 24 September 2018 (Case R 88/2018-4), concerning opposition proceedings between Consejo Regulador de la Denominación de Origen Protegida ‘Jamón de Teruel/Paleta de Teruel’ and Airesano Foods. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Consejo Regulador de la Denominación de Origen Protegida ‘Jamón de Teruel/Paleta de Teruel’ to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Airesano Foods, SL; 3. Orders the Kingdom of Spain to bear its own costs.