Judgment of the General Court (Second Chamber) of 9 November 2016 —

Gallardo Blanco v EUIPO — Expasa Agricultura y Ganadería (Representation of a branding iron (shape of an H-shaped horse bit))

(Case T‑716/15)

(EU trade mark — Opposition proceedings — Application for EU figurative mark consisting of the representation of a branding iron (shape of an H-shaped horse bit) — Earlier EU and Spanish figurative marks — Relative grounds for refusal — Genuine use of the earlier marks — Article 42(2) of Regulation (EC) No 207/2009 — Likelihood of confusion — Article 8(1)(b) of Regulation 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—Abstract statement—Inadmissibility (Rules of Procedure of the General Court, Art. 76(d)) (see para. 21)

2. EU trade mark—Observations of third parties and opposition—Examination of the opposition—Proof of use of the earlier mark—Genuine use—Concept—Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3); Commission Regulation No 2868/95, Art. 1, Rule 22(2)) (see paras 30-36)

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—Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 58-61, 101)

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—Complementary nature of the goods or services (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 69)

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—Composite mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 75-77)

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—High distinctiveness of the earlier mark—Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 99, 100)

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—Figurative mark representing an H-shaped horse bit—Figurative mark representing an H-shaped horse bit with the letter c and figurative mark yeguada de la cartuja hierro del bocado (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 102-108, 113)

Re:

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 29 September 2015 (Case R 1502/2014-2) relating to opposition proceedings between Expasa Agricultura y Ganadería and Mr Juan Gallardo Blanco.

Operative part

The Court:

1. Dismisses the action;