Information;Judgment — ECLI:EU:T:2022:560
Date: 2022-09-14
Language of the case: Italian
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court of 14 September 2022 – Itinerant Show Room v EUIPO – Save the Duck (ITINERANT) (Case T-416/21) 1 (EU trade mark – Opposition proceedings – Application for EU figurative mark ITINERANT – Earlier EU figurative mark representing a singing duck in a circle – Relative ground for refusal – Article 8(5) of Regulation (EU) 2017/1001 – Similarity – Reputation – Link – Undue advantage – Lack of due cause – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document produced for the first time before the Board of Appeal – Inadmissibility) Language of the case: Italian Parties Applicant: Itinerant Show Room Srl (San Giorgio in Bosco, Italy) (represented by: E. Montelione, lawyer) Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Save the Duck SpA (Milan, Italy) (represented by: M. De Vietro, lawyer) Re: By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 May 2021 (Case R 997/2020-5), relating to opposition proceedings between the intervener and the applicant. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Itinerant Show Room Srl to bear its own costs and to pay those incurred by the European Union Intellectual Property Office and by Save the Duck SpA. ____________ 1 OJ C 357, 6.9.2021.