Judgments nº T-63/18 of Tribunal General de la Unión Europea, February 14, 2019

• Resolution Date: February 14, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-63/18

(EU trade mark - Opposition proceedings - Application for EU figurative mark TORRO Grande MEAT IN STYLE - Earlier EU word marks TORO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Obligation to state reasons - First sentence of Article 94(1) of Regulation 2017/1001 - Duty of care - Article 95(1) of Regulation 2017/1001) In Case T-63/18,

Torro Entertainment Ltd, established in Plovdiv (Bulgaria), represented by A. Kostov, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Crespo Carrillo and D. Walicka, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Grupo Osborne, SA established in El Puerto de Santa María (Spain),

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 20 December 2017 (Case R 1776/2017-2) relating to opposition proceedings between Grupo Osborne and Torro Entertainment,

THE GENERAL COURT (Seventh Chamber),

composed of V. Tomljenović, President, E. Bieliūnas and A. Marcoulli (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 6 February 2018,

having regard to the response of EUIPO lodged at the Court Registry on 19 April 2018,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

Background to the dispute

1 On 30 October 2015, the applicant, Torro Entertainment Ltd, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (OJ 2009 L 78, p. 1), as amended (replaced by Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1)).

2 Registration as a mark was sought for the following figurative sign:

3 The services in respect of which registration was sought, in particular following the restriction made in the course of the proceedings before EUIPO, fall within Classes 35 and 43 of the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15 June 1957, as revised and amended, and correspond, in respect of each of those classes, to the following description:

- Class 35: ‘Business analysis, research and information services; Advertising, marketing and promotional services; Commercial trading and consumer information services; Business assistance, management and administrative services; Collection and systematization of business data; Commercial information agencies [provides business information, e.g., marketing or demographic data]; Analysis of business information; Business management analysis; Cost benefit analysis; Business consultancy and advisory services; Office functions services; Business consultation and management regarding marketing activities; Business consultation and management regarding launching of new products; Negotiation of commercial transactions for performing artists; Negotiation of commercial transactions for third parties; Business succession planning; Provision of business assistance; Provision of assistance [business] in the establishment of franchises; Help in the management of business affairs or commercial functions of an industrial or commercial enterprise; Commercial assistance in business management; Business administration; Business organisation; Restaurant management for others; Management of a retail enterprise for others; Operation of commercial businesses [for others]; Hotel management for others; Administration relating to sales methods; Management advice relating to the recruitment of staff; Supply chain management services; Outsourcing services [business assistance]; Business expertise services; Business networking services; Hotel management service [for others]; Business advisory and information services; Product demonstrations and product display services; Distribution of advertising, marketing and promotional material; Trade show and exhibition services; Advertising, marketing and promotional consultancy, advisory and assistance services; Updating of advertising material; Business assistance relating to corporate identity; Reproduction of advertising material; Direct marketing; Response advertising; Information services relating to advertising; Product marketing; Computerised business promotion; On-line advertising on a computer network; Online advertisements; Arranging of product launches; Arranging and conducting marketing promotional events for others; Rental of sales stands; Market campaigns; Business promotion; Product sampling; Promotion [advertising] of business; Promoting the sale of the services [on behalf of others] by arranging advertisements; Sales promotion; Sales promotions at point of purchase or sale, for others; Advertising services relating to hotels; Collection of information relating to advertising; Advice in the field of business management and marketing; Assistance in product commercialization, within the framework of a franchise contract; Trade marketing [other than selling]; Business marketing services; Business assistance relating to business image; Advertising and marketing; Electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; Product launch services; Promotion services; Retail services relating to food; Retail services in relation to food cooking equipment; Retail services in relation to foodstuffs; Retail services in relation to alcoholic beverages (except beer); Retail services in relation to non-alcoholic beverages; Retail services in relation to disposable paper products; Retail services in relation to meats; Retail services in relation to preparations for making alcoholic beverages; Retail services in relation to tobacco; Retail services in relation to preparations for making beverages; Retail services in relation to articles for use with tobacco; Wholesale services in relation to printed matter; Wholesale services in relation to preparations for making beverages; Wholesale services in relation to preparations for making alcoholic beverages; Wholesale services in relation to alcoholic beverages (except beer)’;

- Class 43: ‘Providing temporary accommodation; Services for providing food and drink; Rental of furniture, linens and table settings; Animal boarding; Hotels, hostels and boarding houses, holiday and tourist accommodation; Event facilities and temporary office and meeting facilities; Temporary room hire; Charitable services, namely providing temporary accommodation; Accommodation bureaux [hotels, boarding houses]; Electronic information services relating to hotels; Booking of hotel accommodation; Information relating to hotels; Resort hotel services; Guesthouses; Tourist inns; Motels; Providing accommodation in hotels and motels; Providing campground facilities; Rental of temporary accommodation in holiday homes and flats; Arranging of accommodation for holiday makers; Boarding houses; Providing temporary accommodation as part of hospitality packages; Providing temporary accommodation in holiday flats; Providing temporary lodging for guests; Hotel reservation services provided via the Internet; Providing travel lodging information services and travel lodging booking agency services for travelers; Provision of hotel accommodation; Resort lodging services; Hotels; Travel agency services for reserving hotel accommodation; Hotel accommodation services; Hotels and motels; Hotel services for preferred customers; Making hotel reservations for others; Catering; Arranging of meals in hotels; Banqueting services; Juice bars; Salad bars; Cafés; Bistro services; Charitable services, namely providing food and drink catering; Cocktail lounge buffets; Wine bar services; Grill restaurants; Delicatessens [restaurants]; Snack-bars; Making reservations and bookings for restaurants and meals; Food sculpting; Catering in fast-food cafeterias; Food and drink catering for banquets; Food and drink catering for cocktail parties; Club services for the provision of food and drink; Consultancy services relating to food; Consultancy services relating to food preparation; Consulting services in the field of culinary arts; Pubs; Tea rooms; Mobile catering services; Mobile restaurant services; Bar services; Ice cream parlour services; Arranging of wedding receptions [food and drink]; Corporate hospitality (provision of food and drink); Provision of information relating to restaurants; Providing accommodation for functions; Pizza parlors; Provision of information relating to bars; Provision of information relating to the preparation of food and drink; Providing food and drink catering services for exhibition facilities; Providing reviews of restaurants; Providing of food and drink via a mobile truck; Providing food and drink in Internet cafes; Providing food and drink in restaurants and bars; Providing food and drink for guests; Providing food and drink for guests in restaurants; Contract food services; Booking of restaurant seats; Restaurant services provided by hotels; Self-service restaurants; Restaurants; Serving of alcoholic beverages; Serving food and drinks; Serving food and drink in Internet cafes; Serving food and drink in restaurants and bars; Serving food and drink for guests; Serving food and drink for guests in restaurants; Wine tasting services (provision of beverages); Cocktail lounge services; Hotel restaurant services; Restaurant reservation services; Hospitality...