Information;Judgment — ECLI:EU:T:2024:713
Date: 2024-10-23
Language of the case: Spanish
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (First Chamber) of 23 October 2024 – Bimbo v EUIPO – Guangzhou Danxi Trade (Bimbys) (Case T‑1185/23) (1) ( EU trade mark – Opposition proceedings – Application for the EU word mark Bimbys – Earlier national word mark BIMBO – Relative ground for refusal – Damage 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 – Aim (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraph 18) 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 (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraph 19) 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 – Word marks Bimbys and BIMBO (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 29, 37, 48) 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 – Link between the marks – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 41-44) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 1426, 19.2.2024.