Information;Judgment — ECLI:EU:T:2024:892
Date: 2024-12-11
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Sixth Chamber) of 11 December 2024 – López‑Ibor Aliño v EUIPO – Dimensión Estratégica Quality Research (LOPEZ-IBOR ABOGADOS) (Case T‑672/22) ( EU trade mark – Opposition proceedings – Application for the EU figurative mark LOPEZ-IBOR ABOGADOS – Earlier EU word mark ESTUDIO JURIDICO INTERNACIONAL LOPEZ-IBOR MAYOR & ASOCIADOS – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Likelihood of confusion – Genuine use of the earlier mark ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Alteration of a decision of EUIPO – Assessment in the light of the powers conferred on the Board of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraph 22) 2. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Definition – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 47(2) and (3)) (see paragraph 27) 3. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Use of the mark in a form differing in elements which do not alter the distinctive character of the mark – Subject matter and material scope of Article 18(1)(a) of Regulation 2017/1001 – Examination of alteration of distinctive character (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 47(2) and (3)) (see paragraphs 28, 29, 36) 4. EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation 2017/1001) (see paragraphs 34, 94) 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 – Criteria for assessment – Coexistence of two marks on a given market – Effect (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 42, 43, 98, 99) 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 marks concerned – Criteria for assessment – Composite mark – Assessment of the distinctive character of an element of a trade mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 51-53, 60, 62, 64, 71, 72, 78-81, 85) 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 – Likelihood of confusion with the earlier mark – Figurative mark LOPEZ-IBOR ABOGADOS and word mark ESTUDIO JURIDICO INTERNACIONAL LOPEZ-IBOR MAYOR & ASOCIADOS (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 103-105) Operative part The Court: 1. Dismisses the action; 2. Orders Alfonso López-Ibor Aliño to bear his own costs and to pay those incurred by Dimensión Estratégica Quality Research, SL; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.