Information;Judgment — ECLI:EU:T:2024:870
Date: 2024-11-27
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Italy

Judgment of the General Court (Seventh Chamber) of 27 November 2024 – Giorgio Armani v EUIPO – Shenzhen City Chongzheng Technology (Representation of horizontal lines) (Case T‑509/23) ( EU trade mark – Opposition proceedings – Application for EU figurative mark representing horizontal lines – Earlier EU figurative mark representing a stylised eagle characterised by horizontal blocks – Relative grounds for refusal – Similarity of the signs – Article 8(1)(b) and 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 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, 20) 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 – Degree of attention of the relevant public (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraph 21) 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 – Similarity between the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 22, 23) 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 – Figurative marks representing horizontal lines and a stylised eagle characterised by horizontal blocks (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 29, 32-34) 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 – Conditions – Similarity between the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b) and (5)) (see paragraphs 40, 41) Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 June 2023 (Case R 1413/2022-2); 2. Orders EUIPO to bear its own costs and to pay those incurred by Giorgio Armani SpA.