Information;Judgment — ECLI:EU:T:2023:672
Date: 2023-10-25
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Spain

Judgment of the General Court (Sixth Chamber) of 25 October 2023 – Productos Ibéricos Calderón y Ramos v EUIPO – Hijos de Rivera (ESTRELLA DE CASTILLA) (Case T‑384/22) (1) (EU trade mark – Opposition proceedings – Application for EU figurative mark ESTRELLA DE CASTILLA – Earlier EU figurative mark Estrella Galicia – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EU) 2017/1001) 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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Link between the marks – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 25, 26, 103, 121) 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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Reputation of the mark in the Member State or in the European Union – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 28-30) 3. 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 – Degree of similarity required (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 38, 39) 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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Similarity between the marks concerned – Criteria for assessment – Composite mark (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 40, 43-47, 67, 82, 83, 85, 97) 5. 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 – Figurative marks ESTRELLA DE CASTILLA and Estrella Galicia (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 77, 101, 117, 129, 136, 148, 167, 168) 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 – Taking unfair advantage of the distinctive character or repute of the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 137-140) 7. 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 – Proof to be adduced by proprietor – Future, non-hypothetical risk of unfair advantage or detriment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 141, 142) 8. 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 – Use of the trade mark sought without just grounds – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 150, 151, 164) Operative part The Court: 1. Dismisses the action; 2. Orders Productos Ibéricos Calderón y Ramos, SL to pay the costs. 1 OJ C 340, 5.9.2022.