Information;Judgment — ECLI:EU:T:2024:628
Date: 2024-09-18
Language of the case: French
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Luxembourg

Judgment of the General Court (Second Chamber) of 18 September 2024 – Richards Brothers Group v EUIPO – Masia Puigmoltó (EL CABRÓN) (Case T‑1168/23) (1) ( EU trade mark – Opposition proceedings – Application for the EU figurative mark EL CABRÓN – Earlier national figurative mark CABRÓ ! – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) No 2017/2001 ) 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 18, 19, 55) 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 23, 24) 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 marks EL CABRÓN and CABRÓ! (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 35, 44, 49, 56-60) 4. 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 – Similarity between the marks concerned – Whether conceptual differences may neutralise visual or phonetic similarities – Conditions (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 48) Operative part The Court: 1. Dismisses the action; 2. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs; 3. Orders Richards Brothers Group to pay the costs incurred by Masia Puigmoltó, SL. 1 OJ C 1260, 12.2.2024.