Information;Judgment — ECLI:EU:T:2022:643
Date: 2022-10-19
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Fifth Chamber) of 19 October 2022 – Greenwich Polo Club v EUIPO – Lifestyle Equities (GREENWICH POLO CLUB) (Case T‑437/21) (1) (EU trade mark – Opposition proceedings – Application for the EU figurative mark GREENWICH POLO CLUB – Earlier EU word mark BEVERLY HILLS POLO CLUB – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Scope of the examination to be carried out by the Board of Appeal – Article 71 of Regulation 2017/1001 – Article 27(2) of Delegated Regulation (EU) 2018/625) 1. Action for annulment – Jurisdiction of the EU judicature – Claim seeking that directions be issued to an institution – Inadmissibility (Art. 263 TFEU) (see paragraph 13) 2. 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 14) 3. EU trade mark – Appeals procedure – Appeal brought against a decision of a unit of EUIPO ruling at first instance and referred to the Board of Appeal – Functional continuity between those two bodies – Examination of the appeal by the Board of Appeal – Scope (European Parliament and Council Regulation 2017/1001, Art. 71(1)) (see paragraph 20) 4. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Opposition proceedings – Examination restricted to the facts, evidence and arguments provided – Examination of a legal question of EUIPO’s own motion – Condition (European Parliament and Council Regulation 2017/1001, Art. 95(1)) (see paragraphs 22, 24) 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 23, 33, 34, 82, 83) 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 between the goods or services in question – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 38, 39) 7. 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 mark GREENWICH POLO CLUB and word mark BEVERLY HILLS POLO CLUB (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 51, 61, 81, 98) 8. 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 paragraphs 52, 53) 9. EU trade mark – Decisions of EUIPO – Legality – EUIPO’s previous decision-making practice (European Parliament and Council Regulation 2017/1001) (see paragraph 79) 10. 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 – Coexistence of earlier marks on the market – Effect (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 96) Operative part The Court: 1. Dismisses the action; 2. Orders Greenwich Polo Club, Inc. to pay the costs. 1 OJ C 401, 4.10.2021.