Information;Judgment — ECLI:EU:T:2022:850
Date: 2022-12-21
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Sixth Chamber) of 21 December 2022 – Puma v EUIPO – DN Solutions (PUMA) (Case T‑4/22) (1) (EU trade mark – Opposition proceedings – Application for the EU figurative mark PUMA – Earlier international figurative mark PUMA – Relative ground for refusal – Detriment to reputation – Article 8(5) of Regulation (EC) No 207/2009 (now 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 (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 18, 19) 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 – Taking unfair advantage of the distinctive character or repute of the earlier mark – Detriment to the distinctive character or repute of the earlier mark – Relevant public (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 24, 32) 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 – Figurative marks PUMA (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 28, 29, 46, 47, 60, 61, 66) 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 – Conditions – Link between the marks – Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 35-38, 55-57, 70) 5. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Precluded (Rules of Procedure of the General Court, Art. 188; Council Regulation No 207/2009, Art. 65) (see paragraph 62) Operative part The Court: 1. Dismisses the action; 2. Orders Puma SE to pay the costs. 1 OJ C 109, 7.3.2022.