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Document 62013TJ0414
Judgment of the General Court (First Chamber) of 2 December 2015.
Kenzo Tsujimoto v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009.
Case T-414/13.
Judgment of the General Court (First Chamber) of 2 December 2015.
Kenzo Tsujimoto v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009.
Case T-414/13.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (First Chamber) of 2 December 2015 —
Tsujimoto v OHIM — Kenzo (KENZO ESTATE)
(Case T‑414/13)
‛Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009’
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Community trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of OHIM — Examination by the Board of Appeal — Scope — Facts and evidence not produced in support of the opposition within the period prescribed for that purpose — Account taken — Discretion of the Board of Appeal (Council Regulation No 207/2009, Art. 76(2); Commission Regulation No 2868/95, Art. 1, Rules 20(1), and 50(1)) (see paras 16-18) |
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Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks (Council Regulation No 207/2009, Art. 8(1)(b), and (5)) (see paras 29, 30) |
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Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Taking unfair advantage of the distinctive character or repute of the earlier mark — Word marks KENZO ESTATE and KENZO (Council Regulation No 207/2009, Art. 8(5)) (see paras 41, 53-55) |
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Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Taking unfair advantage of the distinctive character or repute of the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 45-49) |
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 May 2013 (Case R 333/2012-2), relating to opposition proceedings between Kenzo and Mr K. Tsujimoto.
Operative part
The Court:
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Dismisses the action; |
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Orders Mr Kenzo Tsujimoto to pay the costs. |