Judgment of the General Court (Third Chamber) of 3 October 2019 –

Wanda Films and Wanda Visión v EUIPO — Dalian Wanda Group (WANDA FILMS)

(Case T‑533/18)

(EU trade mark — Opposition proceedings — Application for EU word mark WANDA FILMS — Earlier EU word mark WANDA — Relative ground for refusal — Restriction of the application for registration — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)

1. 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 — Earlier trade mark constituted by an EU trade mark — Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 27)

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 — 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. 28)

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 — Word marks WANDA FILMS and WANDA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 32, 37, 41-44, 53, 63-66)

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 between the goods or services in question — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 33)

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 — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 39)

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 — Criteria for assessment — Coexistence of two marks on a given market (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 45, 46, 59)

7. EU trade mark — Appeals procedure — Action before the EU judicature — Power of the General Court to alter the contested decision — Limits (European Parliament and Council Regulation 2017/1001, Art. 72(2) and (3)) (see para. 68)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 June 2018 (Case R 401/2017-5), relating to opposition proceedings between Dalian Wanda Group and Wanda Films.

Operative part

The Court:

1. Dismisses the action;