Judgment of the General Court (Sixth Chamber) of 23 September 2020 –

Huevos Herrera Mejías v EUIPO – Montesierra (MontiSierra HUEVOS CON SABOR A CAMPO)

(Case T‑737/19)

(EU trade mark – Opposition proceedings – Application for EU figurative mark MontiSierra HUEVOS CON SABOR A CAMPO – Earlier EU and national word marks MONTESIERRA – Relative ground for refusal – Likelihood of confusion – Similarity between goods – Similarity between signs – Article 8(1)(b) of Regulation (EU) 2017/1001 – Proof of genuine use of the earlier mark – Article 47(2) and (3) of Regulation 2017/1001 – Obligation to state reasons)

1. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Partial use – Effect – Meaning of ‘a part of the products or the services’ covered by the registration (European Parliament and Council Regulation 2017/1001, Art. 47(2) and (3)) (see paras 23, 24)

2. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Meaning – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 47(2) and (3)) (see paras 30-32, 35)

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 (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 48, 49)

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 – Earlier trade mark constituted by an EU trade mark – Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 50)

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 – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 55)

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 between the goods or services in question – Criteria for assessment – Complementary nature of the goods or services (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 58, 67)

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 MontiSierra HUEVOS CON SABOR A CAMPO and word marks MONTESIERRA (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 68-70, 75, 95, 96, 101, 102)

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 – Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paras 71-73)

9. 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 – Possibility of a visual similarity between a figurative mark and a word mark (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see para. 81)

10. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a strict and complete examination in each particular case (European Parliament and Council Regulation 2017/1001) (see paras 98, 99)

Re:

Action brought against the decision of the fourth Board of Appeal of EUIPO of 2 September 2019 (Case R 2021/2018-4), relating to opposition proceedings between Montesierra and Huevos Herrera Mejías.

Operative part

The Court:

1. Dismisses the action;