Judgment of the General Court (Sixth Chamber) of 22 January 2025 –Tecom Master v EUIPO – Michael Kors (Switzerland) International (MK MICHAEL MICHELE) (Case T‑1053/23)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62023TJ1053_INF@2025-01-22/en
1. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealAnnulment or alteration for reasons appearing after the decision was adoptedNot included (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95) (see paragraphs 19, 20)
2. EU trade markSurrender, revocation and invalidityExamination of the applicationProof of use of the earlier markGenuine useConceptCriteria for assessmentRequirement of solid and objective evidence (Council Regulation No 207/2009, Art. 57(2) and (3)) (see paragraphs 27, 28, 30-32, 43, 53)
3. EU trade markSurrender, revocation and invalidityExamination of the applicationProof of use of the earlier markUse of the mark in a form differing in elements which do not alter the distinctive character of the markSubject matter and scope of Article 15(1), second subpara., (a), of Regulation No 207/2009Examination of alteration of distinctive character (Council Regulation No 207/2009, Arts 15(1), second subpara., point (a), and 51(1)(a)) (see paragraphs 35-37)
4. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an earlier identical or similar mark enjoying a reputationExtension of protection of the earlier mark with a reputation to dissimilar goods or servicesConditionsTaking unfair advantage of the distinctive character or repute of the earlier markCriteria for assessment (Council Regulation No 207/2009, Arts 8(5) and 53(1)(a)) (see paragraphs 65, 66)
5. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an earlier identical or similar mark enjoying a reputationExtension of protection of the earlier mark with a reputation to dissimilar goods or servicesConditionsReputation of the mark in the Member State or in the European UnionConceptCriteria for assessment (Council Regulation No 207/2009, Arts 8(5) and 53(1)(a)) (see paragraphs 73, 74)
6. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an earlier identical or similar mark enjoying a reputationFigurative marks MK MICHAEL MICHELE and MK MICHAEL KORS (Council Regulation No 207/2009, Arts 8(5) and 53(1)(a)) (see paragraphs 79, 82, 98, 120-125)
7. EU trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an earlier identical or similar mark enjoying a reputationExtension of protection of the earlier mark with a reputation to dissimilar goods or servicesConditionsSimilarity between the marks concernedCriteria for assessmentComposite markDetermination of the dominant element or elements (Council Regulation No 207/2009, Arts 8(5) and 53(1)(a)) (see paragraphs 85-87, 91, 92, 103, 110, 119)
Operative part The Court:
1. Dismisses the action;
2. Orders Tecom Master, SL to bear its own costs and to pay those incurred by Michael Kors (Switzerland) International GmbH;
3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.