Judgment of the General Court (Third Chamber) of 1 February 2018 — Cantina e oleificio sociale di San Marzano v EUIPO — Miguel Torres (SANTORO)
(Case T‑102/17)
(EU trade mark — Opposition proceedings — EU figurative mark SANTORO — Earlier EU word mark SANGRE DE TORO — Relative ground for refusal — 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 16-19)
2. 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 para. 24)
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 mark SANTORO and word mark SANGRE DE TORO
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 35-37, 45, 57, 62)
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 of the marks concerned — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 42)
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
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 44)
Re:
| Action brought against the decision of the Second Board of Appeal of EUIPO of 1 December 2016 (Case R 2018/2015-2), relating to opposition proceedings between Miguel Torres and Cantina e oleificio sociale di San Marzano. |
Operative part
The Court:
2. | | Orders Cantina e oleificio sociale di San Marzano to pay the costs. |