Judgment — ECLI:EU:T:2016:642
Date: 2016-10-28
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Czechia

Judgment of the General Court (First Chamber) of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN-čerpací stanice) (Case T‑123/15) (EU trade mark — Opposition proceedings — Application for the EU word mark UNICORN-čerpací stanice — Earlier national word and figurative marks UNICORN — Relative ground for refusal — Reputation — Article 8(5) of Regulation (EC) No 207/2009) 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 — 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 35-38, 45) 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 — Word mark UNICORN-čerpací stanice — Word and figurative marks UNICORN (Council Regulation No 207/2009, Art. 8(5)) (see paras 40, 46, 54) Re: ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 13 January 2015 (Case R 153/2014-5), concerning opposition proceedings between Unicorn and Mercilink Equipment Leasing. Operative part The Court: 1. Dismisses the action; 2. Orders Unicorn a.s. to pay the costs.