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Case T-561/22: Judgment of the General Court of 6 November 2024 – CFA Institute v EUIPO – Global Chartered Controller Institute (CCA CHARTERED CONTROLLER ANALYST CERTIFICATE) (EU trade mark – Opposition proceedings – Application for the EU figurative mark CCA CHARTERED CONTROLLER ANALYST CERTIFICATE – Earlier EU word mark CFA and earlier EU figurative mark CFA CHARTERED FINANCIAL ANALYST – 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) – New decision taken following annulment in part of an earlier decision by the Court – Scope of the proceedings before the Board of Appeal – Res judicata)
ECLI:EU:UNKNOWN:62022TA0561
62022TA0561
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Official Journal of the European Union
C series
—
C/2025/61
(Case T-561/22)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark CCA CHARTERED CONTROLLER ANALYST CERTIFICATE - Earlier EU word mark CFA and earlier EU figurative mark CFA CHARTERED FINANCIAL ANALYST - 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) - New decision taken following annulment in part of an earlier decision by the Court - Scope of the proceedings before the Board of Appeal - Res judicata)
(C/2025/61)
Language of the case: English
Parties
Applicant: CFA Institute (Charlottesville, Virginia, United States) (represented by: W. May and G. Engels, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Global Chartered Controller Institute SL (Alicante, Spain) (represented by: M. Pomares Caballero and T. Barber Giner, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 June 2022 (Case R 1660/2021-2).
Operative part of the judgment
The Court:
1.Annuls in part the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 June 2022 (Case R 1660/2021-2) in so far as it rejected again the opposition as regards the ‘office functions’ services in Class 35 and those of ‘entertainment; sporting and cultural activities’ in Class 41;
2.Annuls in part and alters the decision of the Second Board of Appeal of EUIPO of 9 June 2022 (Case R 1660/2021-2) in that it upholds the opposition to registration of the figurative mark CCA CHARTERED CONTROLLER ANALYST CERTIFICATE as an EU trade mark as regards the ‘education; providing of training’ services in Class 41 and dismisses the application for registration of that mark as regards those services;
3.Dismisses the main action and the cross-claim as to the remainder;
4.Orders each party to bear its own costs, including those incurred before the Board of Appeal.
Language of the case: English
(1) OJ C 418, 31.10.2022
ELI: http://data.europa.eu/eli/C/2025/61/oj
ISSN 1977-091X (electronic edition)
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ECLI:EU:C:2025:140
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