Information;Judgment — ECLI:EU:T:2020:233
Date: 2020-05-28
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Ninth Chamber) of 28 May 2020 – Martínez Albainox v EUIPO – Taser International (TASER) (Case T‑341/19) (EU trade mark – Invalidity proceedings – EU figurative mark TASER – Earlier EU word marks TASER – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Detriment to reputation – Unfair advantage taken of the distinctive character or the repute of the earlier trade mark – Article 8(5) of Regulation 2017/1001) 1. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 20, 21) 2. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 22-24) 3. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Earlier trade mark constituted by an EU trade mark – Refusal to register where there is a relative ground for refusal, even if limited to part of the Union (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see para. 28) 4. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence 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, Arts 8(5) and 60(1)(a)) (see para. 37) 5. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Condition – Link between the marks – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(5) and 60(1)(a)) (see paras 38-43, 55, 63) 6. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(5) and 60(1)(a)) (see paras 44, 45) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 March 2019 (Case R 1577/2018-4), relating to invalidity proceedings between Taser International and Martínez Albainox. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Martínez Albainox, SL to pay the costs.