Information;Judgment — ECLI:EU:T:2022:198
Date: 2022-03-30
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Tenth Chamber) of 30 March 2022 – Copal Tree Brands v EUIPO – Sumol + Compal Marcas (COPALLI) (Case T‑445/21) (1) (EU trade mark – Opposition proceedings – Application for EU word mark COPALLI – Earlier national word mark COMPAL – Relative ground for refusal – Damage to reputation – Article 8(5) of Regulation (EU) 2017/1001 – Unfair advantage taken of the distinctive character or repute of the earlier mark) 1. 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 – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Link between the marks – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paras 16, 18, 37, 38, 48) 2. 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 – Protection of well-known earlier mark extended to dissimilar goods or services – COPALLI and COMPAL word marks (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paras 27, 34, 35, 53) 3. EU trade mark – Decisions of EUIPO – Legality – EUIPO’s previous decision-making practice (European Parliament and Council Regulation No 2017/1001) (see para. 49) 4. 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 – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Taking unfair advantage of the distinctive character or repute of the earlier mark – Detriment to the distinctive character or repute of the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see para. 51) Operative part The Court: 1. Dismisses the action; 2. Orders Copal Tree Brands, Inc. to pay the costs. 1 OJ C 368, 13.9.2021.