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Document 62022TJ0384
Judgment of the General Court (Sixth Chamber) of 25 October 2023.
Productos Ibéricos Calderón y Ramos, SL v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU figurative mark ESTRELLA DE CASTILLA – Earlier EU figurative mark Estrella Galicia – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001.
Case T-384/22.
Judgment of the General Court (Sixth Chamber) of 25 October 2023.
Productos Ibéricos Calderón y Ramos, SL v European Union Intellectual Property Office.
EU trade mark – Opposition proceedings – Application for EU figurative mark ESTRELLA DE CASTILLA – Earlier EU figurative mark Estrella Galicia – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001.
Case T-384/22.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2023:672
Judgment of the General Court (Sixth Chamber) of 25 October 2023 –
Productos Ibéricos Calderón y Ramos v EUIPO – Hijos de Rivera (ESTRELLA DE CASTILLA)
(Case T‑384/22) ( 1 )
(EU trade mark – Opposition proceedings – Application for EU figurative mark ESTRELLA DE CASTILLA – Earlier EU figurative mark Estrella Galicia – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001)
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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Link between the marks – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 25, 26, 103, 121) |
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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Reputation of the mark in the Member State or in the European Union – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 28-30) |
3. |
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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Similarity between the marks concerned – Degree of similarity required (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 38, 39) |
4. |
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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Similarity between the marks concerned – Criteria for assessment – Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 40, 43-47, 67, 82, 83, 85, 97) |
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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Figurative marks ESTRELLA DE CASTILLA and Estrella Galicia (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 77, 101, 117, 129, 136, 148, 167, 168) |
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 enjoying a reputation – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Taking unfair advantage of the distinctive character or repute of the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 137-140) |
7. |
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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Proof to be adduced by proprietor – Future, non-hypothetical risk of unfair advantage or detriment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 141, 142) |
8. |
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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Use of the trade mark sought without just grounds – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 150, 151, 164) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Productos Ibéricos Calderón y Ramos, SL to pay the costs. |
( 1 ) OJ C 340, 5.9.2022.