Order;Information — ECLI:EU:T:2023:810
Date: 2023-12-11
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Order of the General Court (Eighth Chamber) of 11 December 2023 – Nieß v EUIPO – Thema Products (Gartenlux) (Case T‑753/22) (1) (EU trademark – Opposition proceedings – Application for the EU word mark Gartenlux – Previous company name and business name GARTENLUX – Relative ground for refusal – Article 8(4) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law) 1. 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 20, 21) 2. 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 – Word mark Gartenlux – Company name and trade name GARTENLUX (European Parliament and Council Regulation 2017/1001, Art. 8(4)) (see paragraphs 23-27) Operative part 1. The action is dismissed. 2. Each party shall bear its own costs. 1 OJ C 24, 23.1.2023.