Information;Judgment — ECLI:EU:T:2023:281
Date: 2023-05-24
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Second Chamber) of 24 May 2023 – Bimbo v EUIPO – Bottari Europe (BimboBIKE) (Case T‑509/22) (1) (EU trade mark – Opposition proceedings – Application for EU figurative mark BimboBIKE – Earlier national word mark BIMBO – Relative ground for refusal – Detriment to reputation – 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 – Aim (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraph 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 (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraph 20) 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 – Proof to be adduced by proprietor – Future, non-hypothetical risk of unfair advantage or detriment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 30, 31) 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 – Figurative mark BimboBIKE and word mark BIMBO (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 32-34, 44-46, 51-53) 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 – Extension of protection of earlier mark with a reputation to dissimilar goods or services – Conditions – Link between the marks – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 39-42) 6. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 56) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 389, 10.10.2022.