Information;Judgment — ECLI:EU:T:2024:129
Date: 2024-02-28
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Third Chamber) of 28 February 2024 – Atomico Investment v EUIPO – Gomes Tominaga (atomic fund) (Case T‑98/23) (1) ( EU trade mark – Opposition proceedings – Application for the EU figurative mark atomic fund – Earlier EU word mark ATOMICO – Lack of evidence of the reputation of the earlier mark – Article 8(5) of Regulation (EU) 2017/1001 – Remittal of the case to the Opposition Division ) 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 – Conditions – Reputation of the mark in the Member State or in the European Union – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 15, 16) 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 – Figurative mark atomic fund and word mark ATOMICO (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 23, 53, 61, 68, 74, 75, 80-85) 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 – Conditions – Reputation of the mark in the Member State or in the European Union – Evidence in support of the reputation (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 34, 43) Operative part The Court: 1. Dismisses the action; 2. Orders Atomico Investment Holdings Ltd to pay the costs. 1 OJ C 127, 11.4.2023.