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Judgment of the General Court (Eighth Chamber) of 1 December 2016 — Universidad Internacional de la Rioja v EUIPO — Universidad de la Rioja (UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR)

(Case T‑561/15)

(EU trade mark — Opposition proceedings — Application for EU figurative mark UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR — Earlier EU word mark UNIRIOJA — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Precluded

(Council Regulation No 207/2009, Art. 65)

(see para. 16)

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 22, 23, 74)

3. EU trade mark — Appeals procedure — Action before the EU judicature — Legality of the decision of a Board of Appeal adjudicating in opposition proceedings — No challenge on the part of the applicant for an EU trade mark to the determination of the relevant public at issue before the Board of Appeal — Effect

(Council Regulation No 207/2009, Arts 8(1)(b), and 76)

(see paras 31-33)

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

(Council Regulation No 207/2009, Art. 8(1)(b))

(see para. 37)

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

(Council Regulation No 207/2009, Art. 8(1)(b))

(see para. 48)

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 mark UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR — Word mark UNIRIOJA

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 76-81)

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 — Coexistence of earlier marks on the market — Effect

(Council Regulation No 207/2009, Art. 8(1)(b))

(see para. 87)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 22 June 2015 (Case R 1914/2014-5), relating to opposition proceedings between Universidad de la Rioja and Universidad Internacional de la Rioja.

Operative part

The Court:

1. Dismisses the action;