Information;Judgment — ECLI:EU:T:2021:192
Date: 2021-04-14
Language of the case: Italian
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Tenth Chamber) of 14 April 2021 – Berebene v EUIPO – Consorzio vino Chianti Classico (GHISU) (Case T‑201/20) (EU trade mark – Opposition proceedings – Application for the EU figurative mark GHISU – Earlier collective national figurative mark CHIANTI CLASSICO – Relative ground for refusal – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) – Taking unfair advantage of the distinctiveness or reputation 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 (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see para. 18) 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 (Council Regulation No 207/2009, Art. 8(5)) (see paras 22, 23) 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 – Conditions – Link between the marks – Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see paras 32, 39, 40, 44, 50) 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 – Figurative marks GHISU and CHIANTI CLASSICO (Council Regulation No 207/2009, Art. 8(5)) (see paras 38, 51, 54, 57, 69) 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 – Detriment to the distinctive character or repute of the earlier mark – Criteria for assessment (Council Regulation No 207/2009, Art. 8(5)) (see para. 58) 6. 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 – Proof to be adduced by proprietor – Future, non-hypothetical risk of unfair advantage or detriment (Council Regulation No 207/2009, Art. 8(5)) (see para. 63) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 23 January 2020 (Case R 592/2019-1), relating to opposition proceedings between Consorzio vino Chianti Classico and Berebene. Operative part The Court: 1. Dismisses the action; 2. Orders Berebene Srl to pay the costs.