Information;Judgment — ECLI:EU:T:2020:256
Date: 2020-06-10
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the General Court (Tenth Chamber) of 10 June 2020 – B.D. v EUIPO – Philicon-97 (PHILIBON) (Case T‑717/18) (EU trade mark – Invalidity proceedings – EU word mark PHILIBON – Earlier national figurative mark PHILICON – Relative ground for refusal – Well-known trade mark within the meaning of Article 6bis of the Paris Convention – Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001)) 1. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions (Council Regulation No 207/2009, Arts 8(2)(c) and 53(1)(a)) (see para. 17) 2. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Reputation of the mark in the Member State or the EU – Concept – Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 27, 28, 31, 72, 84) 3. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an earlier identical or similar mark enjoying a reputation – Word mark PHILIBON and figurative mark PHILICON (Council Regulation No 207/2009, Arts 8(2)(c) and 53(1)(a)) (see paras 35, 36, 94, 95) 4. EU trade mark – Surrender, revocation and invalidity – Examination of the application – Evidence of use of the earlier mark – Simultaneous use of several signs (Council Regulation No 207/2009) (see para. 63) 5. EU trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 207/2009) (see paras 73, 77) 6. EU trade mark – Decisions of the Office – Legality – Examination by the EU judicature – Criteria (Council Regulation No 207/2009) (see para. 90) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 10 October 2018 (Case R 375/2018-4), relating to invalidity proceedings between Philicon 97 and B. D. – Boyer Developpement. Operative part The Court: 1. Dismisses the action; 2. Orders B. D. – Boyer Developpement to pay the costs.