Judgment — ECLI:EU:T:2018:50
Date: 2018-02-01
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

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. 24) 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 — Figurative mark SANTORO and word mark SANGRE DE TORO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 35-37, 45, 57, 62) 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 — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 42) 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 — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 44) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 1 December 2016 (Case R 2018/2015-2), relating to opposition proceedings between Miguel Torres and Cantina e oleificio sociale di San Marzano. Operative part The Court: 1. Dismisses the action; 2. Orders Cantina e oleificio sociale di San Marzano to pay the costs.