Judgment of the General Court (Third Chamber) of 13 October 2017 — Sensi Vigne & Vini v EUIPO — El Grifo (CONTADO DEL GRIFO)

(Case T‑434/16)

(EU trade mark — Opposition proceedings — Application for EU figurative mark CONTADO DEL GRIFO — Earlier EU figurative mark EL GRIFO — 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) 2017/1001))

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 21, 22, 83)

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 paras 24, 29)

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 CONTADO DEL GRIFO and EL GRIFO (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 30, 42, 87-89)

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 36)

5. EU trade mark—Lodging of application for EU trade mark—Identification of the goods or services concerned by the trade mark—Requirements of clarity and precision—Determination, by the competent authorities and the economic operators, of the extent of the protection conferred by the trade mark (Council Regulation No 207/2009, Art. 26(1)(c)) (see para 37)

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—Weighing elements of similarity or difference between the signs—Objective marketing considerations to be taken into account (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 38, 90)

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 paras 43, 61, 62, 71, 72)

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—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 58, 59)

Re:

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 25 May 2016 (Case R 2218/2015-2), relating to opposition proceedings between El Grifo and Sensi Vigne & Vini.

Operative part

The Court:

1. Dismisses the action;