Judgment;Information — ECLI:EU:T:2019:738
Date: 2019-10-10
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 10 October 2019 – McDreams Hotel v EUIPO — McDonald’s International Property (mc dreams hotels Träumen zum kleinen Preis!) (Case T‑428/18) (EU trade mark — Opposition proceedings — Application for EU figurative mark mc dreams hotels Träumen zum kleinen Preis! — Earlier EU word mark McDONALD’S — Article 8(5) of Regulation (EU) 2017/1001 — Family of marks — Taking unfair advantage of the distinctive character or repute of the earlier mark) 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 — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paras 24, 25, 29-31) 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 — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Similarity of the marks concerned — Degree of similarity required (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b) and (5)) (see para. 37) 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 — Protection of well-known earlier mark extended to dissimilar goods or services — Figurative mark mc dreams hotels Träumen zum kleinen Preis! — Word mark McDONALD’S (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paras 54, 60, 62, 63, 82, 85) 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 — Protection of well-known earlier mark extended to dissimilar goods or services — Condition — Link between the marks — Criteria for assessment — Existence of a family of earlier marks — Conditions (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paras 65-67) 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 — Protection of well-known earlier mark extended 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 paras 88, 89) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 18 April 2018 (Case R 972/2017-2), relating to opposition proceedings between McDonald’s International Property Co. and McDreams Hotel. Operative part The Court: 1. Dismisses the action; 2. Orders McDreams Hotel GmbH to bear its own costs and pay those of the European Union Intellectual Property Office (EUIPO) and the intervener.