Information;Judgment — ECLI:EU:T:2023:391
Date: 2023-07-12
Language of the case: English
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 12 July 2023 – Multiópticas v EUIPO – Nike Innovate (Representation of two black geometrical shapes) (Case T‑487/22) (1) (EU trade mark – Opposition proceedings – Application for EU figurative mark representing two black geometrical shapes – Earlier EU and national figurative marks mó – Relative ground for refusal – No damage to reputation – Non‑similarity of the signs – 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 earlier mark with a reputation to dissimilar goods or services – Conditions (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 15, 62) 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 earlier mark with a reputation to dissimilar goods or services – Conditions – Similarity of the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b) and (5)) (see paragraphs 16, 24, 40, 50, 53, 56) 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 earlier mark with a reputation to dissimilar goods or services – Figurative mark representing two black geometrical shapes – Figurative marks mó (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 48, 54, 55, 57, 61, 63) 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 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 58, 59) Operative part The Court: 1. Dismisses the action; 2. Orders Multiópticas S. Coop. and the European Union Intellectual Property Office (EUIPO) to bear their own costs. 1 OJ C 368, 26.9.2022.