Source: EURLEX
Language: en
Format: md

Judgment of the General Court (First Chamber) of 8 March 2017 —  
Rafhaelo Gutti v EUIPO — Transformados del Sur (CAMISERIA LA ESPAÑOLA)

(Case T‑504/15)

(EU trade mark — Opposition proceedings — Application for EU figurative mark CAMISERIA LA ESPAÑOLA — Earlier national figurative mark representing two crossed flags — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)

| 1. | EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Power to issue directions—None  (Council Regulation No 207/2009, Art. 65(6))  (see para. 16) |

| 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 21, 22, 58) |

| 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. 23) |

| 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 CAMISERIA LA ESPAÑOLA and figurative mark representing two crossed flags  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 24, 26, 34, 57, 63, 64) |

| 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 para. 25) |

| 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—Composite mark  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 27, 28, 30-32) |

| 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—Figurative marks without verbal elements—Phonetic comparison  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 37, 38) |

| 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—Weighing elements of similarity or difference between the signs—Taking into account of the intrinsic characteristics of the signs or the conditions in which the goods or services are marketed—Clothing sector  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 59, 60) |

| 9. | EU trade mark—Definition and acquisition of the EU trade mark—Prior registration of the trade mark in certain Member States—Effect  (Council Regulation No 207/2009)  (see para. 67) |

| 10. | EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Review of the lawfulness of decisions of the Boards of Appeal—Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies—Precluded  (Council Regulation No 207/2009, Art. 65; Rules of Procedure of the General Court, Art. 188)  (see para. 69) |

| 11. | 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 para. 70) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 2 July 2015 (Case R 2424/2014-4), relating to opposition proceedings between Transformados del Sur and Rafhaelo Gutti.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Rafhaelo Gutti, SL to pay the costs. |

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