Judgment of the General Court (Ninth Chamber) of 28 May 2020 –Martínez Albainox v EUIPO – Taser International (TASER) (Case T‑341/19)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62019TJ0341_INF@2020-05-28/en
1. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an identical or similar earlier mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 20, 21)
2. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an identical or similar earlier mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markAssessment of the likelihood of confusionDetermination of the relevant publicAttention level of the public (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 22-24)
3. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an identical or similar earlier mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markEarlier trade mark constituted by an EU trade markRefusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see para. 28)
4. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an earlier identical or similar mark enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesConditions (European Parliament and Council Regulation 2017/1001, Arts 8(5) and 60(1)(a)) (see para. 37)
5. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an earlier identical or similar mark enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesConditionLink between the marksCriteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(5) and 60(1)(a)) (see paras 38-43, 55, 63)
6. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an earlier identical or similar mark enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesConditionsTaking unfair advantage of the distinctive character or repute of the earlier markCriteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(5) and 60(1)(a)) (see paras 44, 45)
Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 March 2019 (Case R 1577/2018-4), relating to invalidity proceedings between Taser International and Martínez Albainox. Operative part of the judgment The Court:
1. Dismisses the action;
2. Orders Martínez Albainox, SL to pay the costs.