This document is an excerpt from the EUR-Lex website
Document 62017TJ0372
Judgment of the General Court (Sixth Chamber) of 29 November 2018.
Louis Vuitton Malletier v European Union Intellectual Property Office.
EU trade mark — Invalidity proceedings — EU figurative mark LV POWER ENERGY DRINK — Earlier EU figurative mark LV — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Earlier decisions of EUIPO recognising the reputation of the earlier trade mark.
Case T-372/17.
Judgment of the General Court (Sixth Chamber) of 29 November 2018.
Louis Vuitton Malletier v European Union Intellectual Property Office.
EU trade mark — Invalidity proceedings — EU figurative mark LV POWER ENERGY DRINK — Earlier EU figurative mark LV — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Earlier decisions of EUIPO recognising the reputation of the earlier trade mark.
Case T-372/17.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Sixth Chamber) of 29 November 2018 –
Louis Vuitton Malletier v EUIPO — Bee-Fee Group (LV POWER ENERGY DRINK)
(Case T‑372/17)
(EU trade mark — Invalidity proceedings — EU figurative mark LV POWER ENERGY DRINK — Earlier EU figurative mark LV — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) — Earlier decisions of EUIPO recognising the reputation of the earlier trade mark)
1. |
EU trade mark — Definition and acquisition of the EU 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 (Council Regulation No 207/2009, Art. 8(5)) (see para. 22) |
2. |
EU trade mark — Definition and acquisition of the EU 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 — Detriment to the distinctive character or repute of the earlier mark — Relevant public (Council Regulation No 207/2009, Art. 8(5)) (see para. 23) |
3. |
EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see paras 28, 29) |
4. |
EU trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2); Council Regulation No 207/2009, Art. 75, first sentence) (see paras 30, 31) |
5. |
EU trade mark — Definition and acquisition of the EU 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 — Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 57, 105, 106) |
6. |
EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment — Composite mark (Council Regulation No 207/2009, Art. 8(1)(b) and (5)) (see paras 66-68) |
7. |
EU trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an earlier identical or similar mark enjoying a reputation — Figurative marks LV POWER ENERGY DRINK and LV (Council Regulation No 207/2009, Arts 8(5) and 53(1)(a)) (see paras 88, 100, 112, 113) |
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 March 2017 (Case R 906/2016-4), relating to invalidity proceedings between Louis Vuitton Malletier and Bee-Fee Group.
Operative part
The Court:
1. |
Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 March 2017 (Case R 906/2016-4); |
2. |
Orders EUIPO to bear its own costs and to pay one half of the costs incurred by Louis Vuitton Malletier; |
3. |
Orders Bee-Fee Group Ltd to bear its own costs and to pay one half of the costs incurred by Louis Vuitton Malletier. |