Judgment of the General Court (Sixth Chamber) of 21 December 2022 –Puma v EUIPO – DN Solutions (PUMA) (Case T‑4/22)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62022TJ0004_INF@2022-12-21/en
1. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationExtension of protection of earlier mark with a reputation to dissimilar goods or servicesConditions (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 18, 19)
2. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationExtension of protection of earlier mark with a reputation to dissimilar goods or servicesConditionsTaking unfair advantage of the distinctive character or repute of the earlier markDetriment to the distinctive character or repute of the earlier markRelevant public (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 24, 32)
3. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationExtension of protection of earlier mark with a reputation to dissimilar goods or servicesFigurative marks PUMA (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 28, 29, 46, 47, 60, 61, 66)
4. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationExtension of protection of earlier mark with a reputation to dissimilar goods or servicesConditionsLink between the marksCriteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 35-38, 55-57, 70)
5. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtRe-evaluation of the facts in the light of evidence produced for the first time before itPrecluded (Rules of Procedure of the General Court, Art. 188; Council Regulation No 207/2009, Art. 65) (see paragraph 62)
Operative part The Court:
1. Dismisses the action;
2. Orders Puma SE to pay the costs.