Information;Judgment — ECLI:EU:T:2022:843
Date: 2022-12-21
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (First Chamber) of 21 December 2022 – International Masis Tabak v EUIPO – Philip Morris Brands (Representation of a pack of cigarettes) (Case T‑44/22) (1) (EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a pack of cigarettes – Earlier international figurative mark Marlboro SELECTED PREMIUM TOBACCOS – 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 earlier mark with a reputation to dissimilar goods or services – Conditions (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 earlier mark with a reputation to dissimilar goods or services – Conditions – Similarity of the marks concerned – Degree of similarity required (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 28, 29) 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 – Conditions – Similarity of the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 30, 44, 46) 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 – Figurative mark representing a pack of cigarettes and figurative mark Marlboro SELECTED PREMIUM TOBACCOS (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 43, 47, 56, 68, 82) 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 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 52, 53) 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 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 62, 63, 65) 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 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 paragraph 64) 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 earlier mark with a reputation to dissimilar goods or services – Use without due cause of the trade mark applied for – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 73-75, 79, 80) 9. Judicial proceedings – Application initiating proceedings – Formal requirements – Brief statement of the pleas in law on which the application is based – Pleas in law not set out in the application – General reference to other documents – Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paragraph 81) Operative part The Court: 1. Dismisses the action; 2. Orders International Masis Tabak LLC to pay the costs. 1 OJ C 119, 14.3.2022.