Information;Judgment — ECLI:EU:T:2023:720
Date: 2023-11-15
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Sixth Chamber) of 15 November 2023 – Portal Golf Gestión v EUIPO – Augusta National (imaster.golf) (Case T‑677/22) (1) (EU trade mark – Opposition proceedings – Application for EU figurative mark imaster.golf – International registration of the earlier word mark MASTERS – Relative ground for refusal – Article 8(5) of Regulation (EU) 2017/1001 – Repute – Similarity – Link – Unfair advantage – Lack of due cause – Article 95(2) of Regulation 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 the 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 16, 17, 20-23, 125-128) 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 the earlier mark with a reputation to dissimilar goods or services – Conditions – Reputation of the mark in the Member State or in the European Union – Meaning – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 31, 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 the earlier mark with a reputation to dissimilar goods or services – Coexistence of earlier marks – Recognition of an international mark as having a certain degree of distinctiveness (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 54-56) 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 the earlier mark with a reputation to dissimilar goods or services – Conditions – Similarity between the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 75, 76, 78, 85, 90, 102) 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 the 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 110, 111) 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 – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Figurative mark imaster.golf and word mark MASTERS (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paragraphs 130-133) Operative part The Court: 1. Dismisses the action; 2. Orders Portal Golf Gestión, SA to bear its own costs and to pay those incurred by Augusta National, Inc.; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. 1 OJ C 15, 16.1.2023.