Judgment of the General Court (Sixth Chamber) of 15 February 2023 –Deutsche Bank v EUIPO Operación y Auditoria (avanza Tu negocio) (Case T‑341/22)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62022TJ0341_INF@2023-02-15/en
1. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealAnnulment or variation for reasons appearing after judgment was deliveredNot included (European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95) (see paragraph 19)
2. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtRe-evaluation of the facts in the light of evidence produced for the first time before itNot included (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Arts 72 and 95) (see paragraph 20)
3. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markWeak distinctive character of the earlier markEffect (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 26, 27, 92, 103)
4. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionDetermination of the relevant publicAttention level of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 29)
5. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity of the marks concernedCriteria for assessmentComposite markAssessment of the distinctive character of an element of which a trade mark is composed (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 34, 35, 37, 51, 62, 63, 69, 72, 85)
6. EU trade markDecisions of EUIPOLegalityExamination by the EU judicatureCriteriaEUIPO examination guidelinesEffect (European Parliament and Council Regulation 2017/1001) (see paragraph 49)
7. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markFigurative marks avanza Tu negocio et Avanza Credit de Deutsche Bank (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 52, 64, 74, 81, 91, 99-101)
8. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markSimilarity of the marks concernedWhether conceptual differences may neutralise visual or aural similaritiesConditions (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 97, 98)
Operative part The Court:
1. Dismisses the action;
2. Orders Deutsche Bank, SA Española to pay the costs.