Information;Judgment — ECLI:EU:T:2026:119
Date: 2026-02-11
Language of the case: English
Court formation: Eighth Chamber
Procedure: Action for annulment
Origin: Netherlands

Judgment of the General Court (Eighth Chamber) of 11 February 2026 – Athom v EUIPO – Chuhaiya E-Commerce (Shenzhen) (athom Smart Home) (Case T‑618/24) ( EU trade mark – Opposition proceedings – Application for the EU figurative mark athom Smart Home – Earlier international word mark ATHOM – Relative ground for refusal – Similarity of goods – Article 8(1)(b) of Regulation (EU) 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Power of the General Court to alter the contested decision – Limits (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Arts 72(2) and (3) and 95) (see paragraphs 12, 18-20, 57) 2. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 28, 29) 3. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Similarity between the goods or services concerned – Complementary nature of the goods or services (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 34, 35) 4. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative mark athom Smart Home and word mark ATHOM (European Parliament and Council Regulation 2017/1001, Art. 8(1)(b)) (see paragraphs 42-45, 51-55) Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 October 2024 (Case R 13/2024-2), in so far as it dismissed the applicant’s appeal in relation to the ‘electric plugs; electric sockets; electrical adapters; inductors [electricity]; circuit breakers’ in Class 9, and the ‘light bulbs; fairy lights for festive decoration’ in Class 11, covered by the mark applied for; 2. Dismisses the action as to the remainder; 3. Orders EUIPO to bear its own costs and to pay those incurred by Athom Holding BV.