Judgment of the General Court (Eighth Chamber) of 4 October 2018.Frinsa del Noroeste, SA v European Union Intellectual Property Office.EU trade mark — Opposition proceedings — Application for EU figurative mark Alfrisa — Earlier EU figurative mark Frinsa F — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001).Case T-820/17.

Judgment // 04/10/2018 // 2 min read
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Judgment of the General Court (Eighth Chamber) of 4 October 2018 –Frinsa del Noroeste v EUIPO — Alimentos Friorizados (Alfrisa)

(Case T‑820/17)

(EU trade mark — Opposition proceedings — Application for EU figurative mark Alfrisa — Earlier EU figurative mark Frinsa F — Relative ground for refusal — Likelihood of confusion — 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 27, 28)

  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 — Figurative marks Alfrisa and Frinsa F

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 30-82)

  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 — Similarity between the goods or services in question — Criteria for assessment

(Council Regulation No 207/2009, Art. 8(1)b))

(see para. 33)

  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. 59)

  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 — Likelihood of association — Earlier marks exhibiting characteristics enabling them to be regarded as forming part of the same series or family — Conditions

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 67, 69)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 27 September 2017 (Case R 956/2017-2), relating to opposition proceedings between Frinsa del Noroeste and Alimentos Friorizados.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Frinsa del Noroeste, S.A. to pay the costs.

Trade marks