Information;Judgment — ECLI:EU:T:2025:892
Date: 2025-09-24
Language of the case: English
Court formation: Second Chamber
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Second Chamber) of 24 September 2025 – Tamasu Butterfly Europa v EUIPO – Domu Brands (BTFY) (Case T‑326/24) ( EU trade mark – Opposition proceedings – International registration designating the European Union – Word mark BTFY – Earlier EU word mark Butterfly – Earlier national trade names Butterfly and BTY – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – No use in the course of trade of a sign of more than mere local significance – Article 8(4) of Regulation 2017/1001 – No damage to reputation – Article 8(5) of Regulation 2017/1001 ) 1. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 19, 73) 2. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Level of attention of the public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 20, 21, 27) 3. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Similarity between the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 29, 35, 41, 59, 70) 4. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Word marks BTFY and Butterfly (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 34, 42, 56, 71, 72) 5. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Refusal 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, Art. 8(1)(b)) (see paragraph 49) 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 – Similarity between the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b) and (5)) (see paragraph 81) 7. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade – Conditions – Interpretation in the light of EU law – Assessment by reference to the criteria determined by the national law governing the sign relied on (European Parliament and Council Regulation 2017/1001, Art. 8(4)) (see paragraphs 89-91) 8. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade – Sign giving its holder the right to prohibit the use of a more recent trade mark – Burden of proof (European Parliament and Council Regulation 2017/1001, Art. 8(4)) (see paragraph 95) Operative part The Court: 1. Dismisses the action; 2. Orders Tamasu Butterfly Europa GmbH to bear its own costs and to pay the costs incurred by Domu Brands Ltd; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.