Judgment of the General Court (Sixth Chamber) of 19 December 2019 –

Karlovarské minerální vody v EUIPO — Aguas de San Martín de Veri (VERITEA)

(Case T‑28/19)

(EU trade mark — Opposition proceedings — Application for the EU word mark VERITEA — Earlier EU word mark VERI — AGUA PURA DEL PIRINEO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons)

1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies — Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see para. 16)

2. EU trade mark — Procedural provisions — Statement of reasons for decisions — First sentence of Article 94(1) of Regulation 2017/1001 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paras 23, 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 — Criteria for assessment (European Parliament and Council Regulation 2017/1001, art. 8, § 1, b)] (see paras 29, 30, 78)

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 — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Determination of the relevant public — Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 31)

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 — Refusal to register where there is a relative ground for refusal, even if limited to part of the European Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 32)

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 of the marks concerned — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 35, 59)

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 — Similarity of the marks concerned — Assessment of the distinctive character of an element of which a trade mark is composed (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 44)

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 — Elements of a trade mark having a descriptive character (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 46)

9. 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 VERITEA and VERI — AGUA PURA DEL PIRINEO (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 49, 56, 66, 79-84, 97)

10. EU law — Principles — Protection of legitimate expectations — Conditions (see paras 91, 92)

11. EU trade mark — Decisions of the Office — Legality — EUIPO’s previous decision-making practice — Need for a strict and complete examination in each particular case (European Parliament and Council Regulation 2017/1001) (see para. 96)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 November 2018 (Case R 499/2018-5), relating to opposition proceedings between Aguas de San Martín de Veri and Karlovarské minerální vody.

Operative part

The Court:

1. Dismisses the action;