Information;Judgment — ECLI:EU:T:2020:538
Date: 2020-11-11
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Poland

Judgment of the General Court (Sixth Chamber) of 11 November 2020 – Totalizator Sportowy v EUIPO – Lottoland Holdings (Lottoland) (Case T‑820/19) (EU trade mark – Invalidity proceedings – EU word mark Lottoland – Earlier national figurative marks LOTTO and Lotto – Earlier national word mark lotto – Declaration of partial invalidity – Relative ground for refusal – No damage to reputation – No link between the marks at issue – Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001) 1. 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 – Link between the marks – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see paras 25-27, 29, 30, 35-37) 2. 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 – Link between the marks – Criteria for assessment – Account taken of the nature of the goods or services in question (European Parliament and Council Regulation 2017/1001, Art. 8(5)) (see para. 28) 3. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an earlier identical or similar mark enjoying a reputation – Word mark Lottoland – Figurative marks LOTTO and Lotto and word mark lotto (European Parliament and Council Regulation 2017/1001, Arts 8(5) and 60(1)(a)) (see paras 43, 60, 62-64, 66, 68) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 October 2019 (Case R 97/2019-4), relating to invalidity proceedings between Totalizator Sportowy and Lottoland Holdings. Operative part The Court: 1. Dismisses the action; 2. Orders Totalizator Sportowy sp. z o.o. to pay the costs.