Judgment of the General Court (Fourth Chamber) of 7 November 2017 – Frame v EUIPO – Bianca-Moden (BiancalunA)
(Case T-628/15)
(EU trade mark — Opposition proceedings — Application for the EU figurative mark BiancalunA — Rejection — Earlier national figurative mark bianca — Relative ground for refusal — No 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 – Figurative marks BiancalunA and bianca
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 36, 37, 41, 57, 67, 79, 80)
Re:
| Action brought against the decision of the Fifth Board of Appeal of EUIPO of 7 August 2015 (Case R 2720/2014-5), relating to opposition proceedings between Bianca-Moden and Frame. |
Operative part
The Court:
1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 August 2015 (Case R 2720/2014-5);
2. Orders EUIPO to bear its own costs and to pay those incurred by Frame Srl;
3. Orders Bianca-Moden GmbH & Co. KG to bear its own costs.