Information;Judgment — ECLI:EU:T:2025:485
Date: 2025-05-14
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment
Origin: Portugal

Judgment of the General Court (First Chamber) of 14 May 2025 – Sumol + Compal Marcas v EUIPO – Bosca Cora (It’s B) (Case T‑283/24) ( EU trade mark – Opposition proceedings – Application for EU figurative mark It’s B – Earlier national figurative mark B! – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 ) 1. 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 17, 18, 59, 66, 67, 69, 70) 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 – Similarity between the marks concerned – Criteria for assessment – Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 24-27, 34, 36, 38, 47) 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 – Figurative mark It’s B (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 51, 57, 58, 65) Operative part The Court: 1. Dismisses the action; 2. Orders Sumol + Compal Marcas S. A., in addition to bearing its own costs, to pay those incurred by Bosca Cora SpA; 3. Declares that the European Union Intellectual Property Office (EUIPO) shall bear its own costs.