Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Eighth Chamber) of 16 November 2017 — Galletas Gullón v EUIPO — Hug (GULLON DARVIDA)

(Case T‑456/16)

(EU trade mark — Opposition proceedings — Application for the EU word mark GULLON DARVIDA — Earlier international and national word marks DAR VIDA — Documents produced for the first time before the Board of Appeal — Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Rule 19(1) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(1) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430) — Rule 50(1) of Regulation No 2868/95 — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion)

| 1. | EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Re-evaluation of the facts in the light of evidence produced for the first time before it—Not included  (Council Regulation No 207/2009, Art. 65)  (see para. 24) |

| 2. | EU trade mark—Appeals procedure—Appeal against a decision of the Opposition Division of EUIPO—Examination by the Board of Appeal—Scope—Facts and evidence not produced in support of the opposition within the period prescribed for that purpose—Account taken—Discretion of the Board of Appeal  (Council Regulation No 207/2009, Art. 76(2); Commission Regulation No 2868/95, Art. 1, Rule 20(1))  (see paras 31-33, 38, 40, 53, 54) |

| 3. | EU trade mark—Appeals procedure—Appeal against a decision of the Opposition Division of EUIPO—Examination by the Board of Appeal—Scope—Facts and evidence not produced in support of the opposition within the period prescribed for that purpose—Account taken—Discretion of the Board of Appeal—New evidence—Not included  (Council Regulation No 207/2009, Art. 76(2); Commission Regulation No 2868/95, Art. 1, Rule 50(1), third para.)  (see para. 39) |

| 4. | EU trade mark—Appeals procedure—Appeal against a decision of the Opposition Division of EUIPO—Examination by the Board of Appeal—Scope—Facts and evidence not produced in support of the opposition within the period prescribed for that purpose—Account taken—Discretion of the Board of Appeal—Board of Appeal’s duty to state reasons  (Council Regulation No 207/2009, Art. 76(2); Commission Regulation No 2868/95, Art. 1, Rule 50(1), third para.)  (see paras 46-48) |

| 5. | 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  (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d))  (see paras 63-65) |

| 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—Criteria for assessment  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 78, 79) |

| 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 80-82) |

| 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—Word mark GULLON DARVIDA—Word marks DAR VIDA  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 86, 87, 110-112) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 13 June 2016 (Case R 773/2015-4) relating to opposition proceedings between Hug and Galletas Gullón.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Galletas Gullón, SA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Hug AG. |

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