Judgment of the General Court (First Chamber) of 21 January 2026 –Puma v EUIPO – Ningbo Gongfang Commercial Management (Representation of a curved stripe and a triangle) (Case T‑43/25)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62025TJ0043_INF@2026-01-21/en
1. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 14, 15, 58, 69)
2. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesSimilarity between the marks concernedCriteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 19, 34-36)
3. EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markFigurative mark representing a curved stripe and an irregular triangle inside a black rectangleFigurative marks representing one or more white curved stripes ascending to the right (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 42, 49, 51, 62, 63)
4. EU trade markDecisions of EUIPOLegalityEUIPO’s previous decision-making practice (European Parliament and Council Regulation 2017/1001) (see paragraph 50)
5. EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountEarlier registration of the mark in certain Member States or third countriesDecisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see paragraph 71)
Operative part The Court:
1. Dismisses the action;
2. Orders Puma SE to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).