Judgment of the General Court (Fourth Chamber) of 7 November 2017 — Frame v EUIPO — Bianca-Moden (BIANCALUNA)
(Case T‑627/15)
(EU trade mark — Opposition proceedings — Application for the EU word mark BIANCALUNA — Earlier national figurative mark bianca — Procedural economy — Relative ground for refusal — Likelihood of confusion — Identity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)
1. 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 — Annulment or variation for reasons appearing after judgment was delivered — Not included
(Council Regulation No 207/2009, Arts 65(2) and 76)
(see para. 24)
2. EU trade mark — Appeals procedure — Action before the EU judicature — Limitation of the list of products and services after the decision of the Board of Appeal — Consequences
(Rules of Procedure of the General Court, Art. 188; Council Regulation No 207/2009, Art. 43(1))
(see paras 25-28)
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 — Word mark BIANCALUNA and figurative mark Bianca
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 36, 37, 41, 45, 52, 55, 65, 75)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 7 August 2015 (Case R 2952/2014-5), relating to opposition proceedings between Bianca-Moden and Frame. |
Operative part
The Court:
2. | | Orders Frame Srl to pay the costs. |