Judgment of the General Court (Third Chamber) of 1 September 2021 –

FF IP v EUIPO – Seven (the DoubleF)

(Case T‑23/20)

(EU trade mark – Opposition proceedings – Application for EU figurative mark the DoubleF – Earlier EU word mark THE DOUBLE – Relative ground for refusal – Likelihood of confusion – Relevant public – Similarity of the goods – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Alteration of a decision of the Office – Assessment in the light of the powers conferred on the Board of Appeal (European Parliament and Council Regulation 2017/1001, Arts 66(1) and 71(1)) (see paras 24, 25)

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 36, 37, 45, 116)

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 – 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. 39)

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 – Figurative mark the DoubleF (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 46-49, 60-62, 74, 96, 103, 114, 129)

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 – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 56, 57)

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 paras 78, 79, 85, 106)

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 – Similarity of the marks concerned – Criteria for assessment – Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 87)

8. 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 – Consideration of marketing circumstances – Precluded (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 102)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 31 October 2019 (Case R 2588/2018-1), relating to opposition proceedings between Seven and FF IP.

Operative part

The Court:

1. Dismisses the action;

2. Dismisses Seven SpA’s application for refusal of registration of the European Union figurative mark the DoubleF for goods in Class 18 and services in Class 35;