Judgment of the General Court (Fifth Chamber) of 15 February 2017 —

Morgese and Others v EUIPO — All Star (2 STAR)

(Case T‑568/15)

(EU trade mark — Opposition proceedings — Application for the EU figurative mark 2 STAR — Earlier EU figurative mark ONE STAR — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)

1. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the Court, Art. 76(d)) (see paras 19, 20)

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 27, 76)

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 marks 2 STAR and ONE STAR (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 29, 30, 78-81, 90)

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 (Council Regulation No 207/2009, 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 — Similarity between the goods or services in question — Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 36)

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. 47)

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 — Weak distinctive character of the earlier mark — Effect (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 85, 86)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 1 July 2015 (Case R 1906/2014-5), relating to opposition proceedings between All Star, on the one hand, and Messrs G. Morgese, P. Morgese and F. D’Onofrio, on the other hand.

Operative part

The Court:

1. Dismisses the action;