Judgment — ECLI:EU:T:2018:829
Date: 2018-11-22
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Italy

Judgment of the General Court (Ninth Chamber) of 22 November 2018 – AB Mauri Italy v EUIPO — Lesaffre (FERMIN) (Case T‑78/18) (EU trade mark — Opposition proceedings — Application for registration of the EU word mark FERMIN — Earlier international and Benelux word marks FERMIPAN — Relative ground for refusal — Article 8(1)(b) of Regulation 2017/1001) 1. 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 No 2017/1001, Art. 8(1)(b)) (see para. 25) 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 — Similarity between the goods or services in question — Criteria for assessment (European Parliament and Council Regulation No 2017/1001, Art. 8(1)(b)) (see para. 26) 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 — Word marks FERMIN and FERMIPAN (European Parliament and Council Regulation No 2017/1001, Art. 8(1)(b)) (see paras 36-39, 45, 46) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 December 2017 (Joined Cases R 2027/2016-4 and R 2254/2016-4), relating to opposition proceedings between AB Mauri Italy and Lesaffre et Cie. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of EUIPO of 4 December 2017 (Joined Cases R 2027/2016-4 and R 2254/2016–4) in so far as it rejected, for lack of similarity with ‘yeast’ in Class 30, the opposition to registration of the word mark FERMIN in respect of some of the goods in the same class, namely ‘mixes for bakery products; bakery mixtures (ready-to-use bread mixes); yeast- based preparations for pastries and pizza dough’; 2. Dismisses the action as to the remainder; 3. Orders EUIPO to pay, in addition to its own costs, those incurred by AB Mauri Italy SpA.