Judgment of the General Court (Sixth Chamber) of 26 April 2018 –

Messi Cuccittini v EUIPO — J-M.-E.V. e hijos (MESSI)

(Case T‑554/14)

(EU trade mark — Opposition proceedings — Application for EU figurative mark MESSI — Earlier EU word marks MASSI — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1011))

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—Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 35, 36, 65-67)

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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 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—Figurative mark MESSI and word marks MASSI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 42, 56, 61-64, 75-78)

4. 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—Not included (Council Regulation No 207/2009, Art. 65) (see para. 57)

5. EU trade mark—Procedural provisions—Examination of the facts of the Office’s own motion—Opposition proceedings—Examination restricted to the submissions of the parties—Well-known facts taken into account (Council Regulation No 207/2009, Art. 76(1)) (see para. 60)

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 (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 70)

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—Similarity of the marks concerned—Whether conceptual differences may neutralise visual or aural similarities—Conditions (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 73)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 23 April 2014 (Case R 1553/2013-1), relating to opposition proceedings between J-M.-E.V. e hijos and M. Messi Cuccittini.

Operative part

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 April 2014 (Case R 1553/2013-1);

2. Orders EUIPO, in addition to its own costs, to bear those incurred by Mr Lionel Andrés Messi Cuccittini;