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Document 62019TA0144
Case T-144/19: Judgment of the General Court of 9 September 2020 — Kludi v EUIPO — Adlon Brand (ADLON) (EU trade mark — Opposition proceedings — Application for EU word mark ADLON — Earlier EU word mark ADLON — Proof of the reputation of the earlier mark — Rule 19 of Regulation (EC) No 2868/95 (now Article 7 of Delegated Regulation (EU) 2018/625) — Temporal application of the law — Late submission of documents — Board of Appeal’s discretion — Article 95(2) of Regulation (EU) 2017/1001 — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation 2017/1001 — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark)
Case T-144/19: Judgment of the General Court of 9 September 2020 — Kludi v EUIPO — Adlon Brand (ADLON) (EU trade mark — Opposition proceedings — Application for EU word mark ADLON — Earlier EU word mark ADLON — Proof of the reputation of the earlier mark — Rule 19 of Regulation (EC) No 2868/95 (now Article 7 of Delegated Regulation (EU) 2018/625) — Temporal application of the law — Late submission of documents — Board of Appeal’s discretion — Article 95(2) of Regulation (EU) 2017/1001 — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation 2017/1001 — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark)
Case T-144/19: Judgment of the General Court of 9 September 2020 — Kludi v EUIPO — Adlon Brand (ADLON) (EU trade mark — Opposition proceedings — Application for EU word mark ADLON — Earlier EU word mark ADLON — Proof of the reputation of the earlier mark — Rule 19 of Regulation (EC) No 2868/95 (now Article 7 of Delegated Regulation (EU) 2018/625) — Temporal application of the law — Late submission of documents — Board of Appeal’s discretion — Article 95(2) of Regulation (EU) 2017/1001 — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation 2017/1001 — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark)
OJ C 378, 9.11.2020, p. 30–30
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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9.11.2020 |
EN |
Official Journal of the European Union |
C 378/30 |
Judgment of the General Court of 9 September 2020 — Kludi v EUIPO — Adlon Brand (ADLON)
(Case T-144/19) (1)
(EU trade mark - Opposition proceedings - Application for EU word mark ADLON - Earlier EU word mark ADLON - Proof of the reputation of the earlier mark - Rule 19 of Regulation (EC) No 2868/95 (now Article 7 of Delegated Regulation (EU) 2018/625) - Temporal application of the law - Late submission of documents - Board of Appeal’s discretion - Article 95(2) of Regulation (EU) 2017/1001 - Relative ground for refusal - Damage to reputation - Article 8(5) of Regulation 2017/1001 - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark)
(2020/C 378/35)
Language of the case: German
Parties
Applicant: Kludi GmbH & Co. KG (Menden, Germany) (represented by: A. Zafar, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Fischer and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Adlon Brand GmbH & Co. KG (Düren, Germany) (represented by: P. Baronikians, E. Saarmann and N. Dimmler, lawyers)
Re
Action brought against the decision of the Second Board of Appeal of EUIPO of 26 November 2018 (Case R 1500/2018-2), relating to opposition proceedings between Adlon Brand and Kludi.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Kludi GmbH & Co. KG to pay the costs. |