Judgment of the General Court (Second Chamber) of 12 May 2021 –

Metamorfoza v EUIPO – Tiesios kreivės (MUSEUM OF ILLUSIONS)

(Case T‑70/20)

(EU trade mark – Opposition proceedings – Application for the EU figurative mark MUSEUM OF ILLUSIONS – Earlier EU figurative mark MUSEUM OF ILLUSIONS – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 95 of Regulation 2017/1001)

1. Judicial proceedings – Application initiating proceedings – Formal requirements – Identification of the subject matter of the dispute – Summary of the pleas in law on which the application is based – Lack of clarity – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paras 21-23, 26, 27, 30, 31)

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 – Likelihood of confusion with the earlier mark – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34-37)

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 – Similarity of the marks concerned – Assessment of the distinctive character of an element of which a trade mark is composed (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 44, 46, 76, 79)

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 – Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 45, 57, 58, 68)

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 – Similarity of the marks concerned – Elements of a trade mark having a descriptive character (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 47)

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 – Likelihood of confusion with the earlier mark – Figurative marks MUSEUM OF ILLUSIONS (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 48-56, 59, 60, 67, 70, 72, 80, 81, 93-97)

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 – Enhanced distinctiveness of the earlier mark – Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 90-92)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 December 2019 (Case R 663/2019-2), relating to opposition proceedings between Tiesios kreivės and Metamorfoza.

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2019 (Case R 663/2019-2);